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hamr
Tue Aug 09 16 04:09am
Rating: 2

"So by that logic, in order to take down a Copyright"

Trademark. As I explained, copyright is basically eternal (and in a couple years, congress will probably make it flat-out eternal) and they keep it regardless of how extensively they enforce it or whether they even do anything with it. The trademark is the one they can actually lose if courts think they do not care about retaining it.

"Vigilante Style", All that would need to happen, is some crazy simultaneous "mob attack" that goes on so frequently and in such high volume, that it would be "financially Taxing" for them to police every instance and keep up?"

Yes. If a million different people released a million different unlicensed Metroid games, Nintendo would likely lose the trademark.

"What deems/determines this factor to the effect that this states? "

Public reaction. If it becomes generally accepted that basically anyone and everyone can make a metroid game without consumers knowing the difference, to the point where it became a generic term, then there would be no need for Nintendo to hold the trademark, they would lose it, and then literally anyone would be able to sell a game and call it 'metroid' in the same way that pretty much anyone can sell a pain relief pill and call it 'aspirin'.

(Personally, I do not think that would be likely to happen if they let this one particular game slide, but a jury might disagree, and legal departments tend to err on the side of caution.)

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