We knew it was only a matter of time with Nintendo already shutting down fan-made games such as Pokemon Uranium and AM2R. Nintendo has now pulled Breath of the NES, which was a mix of a remake of The Legend of Zelda on the Nintendo Entertainment System using design aspects of Breath of the Wild on Nintendo Switch.
Winter Drake made a statement along with Nintendo’s legal takedown (which you can see below). He has made it clear that he’ll continue to develop the game without Zelda characters.
A demo for the game was already available, but has now been pulled at Nintendo’s request.
Honestly, this is a massive shame. It’s obvious that this breaks Nintendo’s copyright, but it was actually a nice looking 2D Zelda game.
Dear Support Team,
We represent Nintendo of America Inc. (“Nintendo”) in intellectual property matters. Nintendo recently learned that content available at https://winterdrake.itch.io/breath-of-the-nes-zelda-fangame infringes copyrights owned by Nintendo. This notice is provided pursuant to the Digital Millennium Copyright Act, 17 USC § 512, and itch.io’s Terms of Service. We submitted a notice through itch.io’s web form yesterday, but the infringing content still appears.
This page linked above provides access to downloadable files that violate itch.io’s Terms of Service and infringe Nintendo’s copyrights in its The Legend of Zelda video game franchise, including but not limited to the audiovisual work, images, and fictional character depictions from the following: U.S. Copyright Reg. Nos. VA0001419268 (Link character); PA0000356140 (The Legend of Zelda); and PA0002028142 (The Legend of Zelda: Breath of the Wild).
I have a good faith belief that this use is not authorized by the copyright owner, its agent, or the law. I hereby state that the information herein is accurate and, under penalty of perjury, that I am authorized to act on Nintendo of America Inc.’s behalf.
We would appreciate your expeditious removal of all infringing content. Please contact me immediately with any questions.
This notice is not intended to and shall not waive or prejudice any rights and remedies that Nintendo may have at law, in equity, or otherwise. Any and all such rights and remedies are hereby expressly reserved.
Best regards,
Alicia Bell
Attorney for Nintendo of America Inc.
