It seems that such "warning letter" will be sent when infringing Nintendo's copyright

Nintendo is famous for its extremely difficult copyright and as a recent exampleDelete all "Automatic Mario" series from "Nico Nico video"It is an old example and "Pokemon Doujinshi Incident"And others,"Nintendo's Legal Division's Strongest LegendIt is about to be called. However,It is not the strongest as it is generally toldAlthough there seems to be one side of it, there is still a stronger image than either.

However, what kind of "warning letter" actually comes from Nintendo has been wrapped in a mysterious veil for a long time. According to an interesting storyteller who came to GIGAZINE this time, its "Warning letter from NintendoIt seems that what seems to be published as a PDF file.

Details are as below.
The PDF file of the problem is also on GIGAZINE once in the past, it is on the server of the net service "NES 2 FOMA" which I introduced in the following article.

"NES 2 FOMA" that converts NES software to i-appli for FOMA - GIGAZINE

It is a service "NES 2 FOMA" that converts Nintendo's game software for Nintendo into "i-appli" by NTT DoCoMo.

Using this service, Suguremono that you will be able to play Famicom software etc that you used to like on NTT DoCoMo's FOMA terminal. Some movies are actually working.

About this "NES 2 FOMA", explanation by the developer himself is on the following page.

We will publish a server that converts NES's ROM file to i-αppli. - VENTURE VIEW

The response from publishing is terrible, the developer himself answers various questions on the following page.

I will answer everyone's question of Famicom to i-αppli conversion (NES 2 FOMA). - VENTURE VIEW

However, this NES 2 FOMA,It was closed around December 2007It seems. The following sentences were published on the page at that time.

The service was terminated.

To many of the game makers including Nintendo Co., Ltd.

I'm sorry to cause you trouble.

From now on, to avoid this kind of thing,

I will carefully observe laws and regulations.

When playing games for past Nintendo family computers,

Please use Wii virtual console made by Nintendo Co., Ltd.

I would like to ask Crazy Works Co., Ltd. in the future.

From the sentence, it seems that "it seems that complaints came from Nintendo etc."

According to Tarekomi gathered to GIGAZINE,

The site introduced in this article (
As I accessed it, it used to be an apology page before,
As I saw it today I was able to see the file list of the server.
(I think that I renamed index.html)

In addition,Warning letter from Nintendo PDFThere was a place.

It seems that it is supposed to be said that a variety of file lists have been released, and "Warning letter from NintendoA PDF file which seems to be "published" was released.

The contents look like the following, and the seven pages are divided into five, "1" to "5" roughly.

Warning statement

Dear Sir or Madam

We will warn you as an agent of Nintendo Co., Ltd. (hereinafter referred to as "our company") located at 11 Kamitoku Hachika Town, Minami-ku Kyoto City.

As sentence structure, we first define words with "1" and "2". In this way, I definitely feel like definitely the definition of words in the first part.

1 As you know well, we have copyrights on many game software that runs on "Family Computer" (well known abbreviation is "NES, NES" etc.).
The copyrights that the Company has with regard to the above game software for Nintendo have copyrights on the copyrighted work of the programming work and copyright on the audiovisual work of the game software, but in this document we collectively refer to both "our copyright" and Says.
As you are familiar with, we have "Super Mario Bros." etc. as game software for Nintendo where our company has copyrights.

2 貴殿は現在、当社の「ファミリーコンピューター」についての上記の周知略称たる「NES」を冠した「NES2FOMA」の名称のウェブサイト(URLは。以下、「貴殿サイト」といいます)を運営されておりますが、貴殿は平成19年11月8日付のブログなどにおいて貴殿サイトについて「ファミコンのROMファイルをiアプリに変換するサーバを公開します」と広く告知広告を行った上で、「ROMファイルを送信するとiアプリに変換します」と明記した貴殿サイトにおいて、ユーザに「ゲームの名前」、「NES ROMファイル」を記入させて、以下の内容からなるサービス(以下、「本件サービス」といいます)を提供しています。

That is, in this service, you have uploaded the ROM format file, which is a copy of Nintendo Game Software, from the user to the server of your site (hereinafter referred to as "you server") via the Internet I will.

And you can combine the emulator for NES into an ROM format file which is a copy of the game software for NES uploaded to your server and correspond to the i - αppli that can operate on the NTT DOCOMO group 's mobile phone FOMA series etc (Hereinafter referred to as "this i-appli format file") and then stores this i-αppli format file in your server.

In addition, you will transmit to the user URL information (including QR code) indicating the storage location of your i-appli format file on your server, and the user will use the URL information trusted by you When you access the server, we are sending this i - αppli type file to the user 's mobile phone via the Internet.

And in the following (3) (1) (2), explain exactly where in NES 2 FOMA infringes the copyright, not to limit it to (3) of "3" I am reminding you. Particularly noteworthy are "MYUTA case decisionIt is touched about.

3 The above-mentioned service by you will violate our copyright in at least the following points.

(1) You will combine the emulator for NES into the ROM format file, which is a copy of the game software for NES uploaded to your server, create this i - αppli format file and transfer this i - αppli type file to you server This i-αppli type file, which is a duplicate of the ROM format file, which is a copy of the game software for Nintendo, will be a copy of the game software for Nintendo as a copy of the reproduction.

You create this i - αppli format file which becomes a copy of such Nintendo Game Software, store it in the storage area of ​​your server, tangibly reproduce it, so that this i - αppli format file Is an act of copying the copyrighted work of our company's game software for NES, and it is an infringement act of the Company (copyright infringement act) owned by the Company.

(2) You shall transmit to the user URL information (including QR code) indicating the storage location of this i-αppli format file you stored on your server as described above, and use the URL information In response to a request from the user, the i-appli format file is transmitted to the user's mobile phone via the Internet, but as mentioned above, this i-αppli type file that you transmit to the user is for NES Since it corresponds to copies of game software, your act of sending this i - αppli format file, which is a copy of such NES game software, to the user via the Internet shall be the public transmission of the copyrighted work of our NES game software This act corresponds to the act of infringement of our copyright (infringement act of public transmission right) which we have.

By the way, because you are not limited to users of this service, this service is a service that anyone can use, so the user uploading the ROM format file to your server is "unspecified" for you. Therefore, even when you transmit the i-appli format file to the user as the "unspecified person" who uploaded the ROM format file, the transmission to this "unspecified person" is subject to the "public transmission Therefore, there is no difference that your actions will be infringement of the public transmission right (In this regard, please also refer to the Tokyo District Court May 25, 2007 MYUTA case judgment).

(3) Please note that our company does not limit the act of infringement of our copyright infringement in this service to the above-mentioned acts, so we will inform you just in case.

Next "4" requests to stop "NES 2 FOMA" and explains what happens if not stopping.

4 As stated above, the provision of this service by You is a violation of our company's copyrights regarding our NES game software.

Therefore, we will request you in this document to stop providing the Service immediately.

In the event that you can not stop the provision of this service immediately, we are obliged to take legal actions including injunction against you and damages claims, so we will inform you of this I will.

And the final "5" is a very noteworthy point. If this is the thing really sent from Nintendo, why so far is such a "Warning letter from Nintendo"Has not been released at all on the net, you can see a part of that mystery.

5 In addition, the Company warns you of copyright infringement acts and requests suspension of it in this document.

Therefore, in the unlikely event that you wish to make this document publicly available on the Internet widely, it is said that such disclosure is open to the public, and that you have been disclosed in writing that should not be published It becomes an act of damaging our social evaluation and credibility in the meaning.

Moreover, in the event that you publish this document on the Internet, such disclosure by you will also constitute infringement acts on the copyright on this document.

Therefore, we will warn you in advance for this point as well so that we will not be engaged in the publishing act on this website on the Internet that causes such new infringement of rights.

Best regards

So, it is currently being confirmed by this lawyer who asks Nintendo Co., Ltd. to represent whether this document was really sent from Nintendo.

in Note,   Mobile,   Web Service,   Game, Posted by darkhorse