this post was submitted on 11 Jan 2024
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this is clearly not true, Portal literally just got a huge fangame with a Steam release. the issue is entirely that it uses Nintendo stuff and the guy even says as much
This is just a corporate passing of the buck. There’s no reason to believe a third party infringing upon the properties of two parties would give the latter parties any ability or risk of going after one another.
This project was not on steam and as such was not distributed by nor associated with Valve in any way beyond infringement of IP and use of their assets. Let's not give Valve a pass just because they can lazily and baselessly say "um nintendo!" about it.
It's Valve's IP and assets being utilized at the end of the day sadly, and looking at the last time they got involved with Nintendo, as well as Nintendo's hatred towards emulation and reverse engineering, I wouldn't be surprised if Valve's legal team considered the options before issuing a C&D to the two N64 fan projects.
From Nintendo's perspective these are both unlicensed homebrew, implicitly allowed by the IP owner Valve... who they were in legal correspondence to fairly recently. It would be very unwise for Valve to let this slide given the circumstances, although admittedly it is not a great outcome at all
The last time you're referring to was Valve directly distributing the project in question. That is not the reality here, nor is there any implication that Valve allows it. If Valve never issued this takedown, there'd be no reason to even believe Valve knew of this infringement nor that they were so intimately familiar with it to know Nintendo's IP was also being infringed upon.