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As these things become increasingly common, a Nintendo shareholder asked the company last month if it planned to take any action to protect its IP: "Recently, there are many fan magazines, original short movies, music bands, cosplay activities, websites, orchestras and so on, based on Nintendo's titles. If these activities threaten Nintendo's intellectual properties or licenses, will Nintendo crack down on them aggressively, or just view them as fan activities?"
Nintendo big boss Satoru Iwata admitted that it was hard to draw any definitive line on the issue, because there were no "clear-cut" criteria with which to judge. Still, was it fair to punish people who just did things because they loved Nintendo's games? "Of course, we cannot say that we can give tacit approval to any and all the activities which threaten our intellectual properties. But on the other hand, it would not be appropriate if we treated people who did something based on affection for Nintendo, as criminals."
If there was any sort of defining line, said Iwata, it was "whether the expression in question socially diminishes the dignity or value of our intellectual properties or not." In that case, Nintendo would have to take action - as it did in April when it killed a fan-developed Pokemon MMOG.
So as long as whatever you're doing doesn't "diminish the dignity or value" of Nintendo's properties, it looks like you're good to go, Mario and Zelda fans.
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