DoctorM64 hasn’t received any messages about the game’s take down. As of this point in time, he hasn’t heard anything from Nintendo about the game or anything related to it.
So off the bat, something unusual is going on. Shouldn’t the creator of a fan project know that someone doesn’t want it to keep being available online? I think so, since otherwise said creator would keep reuploading it while being none the wiser.
Additionally, there’s something a tad about the removed links too. Basically, the game was removed from Mediafire and FileDropper. Not surprising, both are very quick to pull content the minute a single random claim is made. But what is surprising though is the notice on Mediafire.
Why? Because of these lines:
Company: Nintendo of America Inc
Yes, Miller Nash have sometimes helped Nintendo with legal notices and what not.
But they’ve never used their email for this purpose.
Seriously. Look up the Lumen database. Basically, they archive DMCA notices sent to various file hosts and what not. They used to be called ‘Chilling Effects’ at one point, but changed it to appear a little less political in their branding.
Either way, I found no results for millernash.com in the database. Lots for Nintendo, but pretty much all of them used Nintendo.com in their email address.
As a result, this contradicts every other DMCA notice ever sent by the company. It also doesn’t match the details on their official legal page:
Similarly, their IP Policy page lists ‘email@example.com’ as the contact email address:
Nintendo’s IP Policy
So yeah, it’s a little suspicious at the moment. Could it be real? Maybe. For all we know, they could be completely changing their processes overnight and somehow switching all their emails over to their lawyers. But given how the original creator wasn’t notified, something definitely seems off here.
Still, at least Metroid Database is following it up with Nintendo’s legal team:
We are going to look into the legitimacy of the takedown tomorrow. If we find out it's fake, we will re-host, rest assured.
— Metroid Database (@MetroidDatabase) August 8, 2016
So for now, all we can do is wait and see what happens.
But what do you think? Are these notices real? Or is a hoaxer trying to screw everything up all of a sudden?