Qeomash
Smash Journeyman
- Joined
- Jan 22, 2019
- Messages
- 322
Youtube is a bit of an exception because Google has made it very easy to trigger DMCA takedowns. They shoot first and ask questions later. There can literally be zero human interaction to initiate an takedown on Youtube. But since nothing automated will notice the Cacomallow leaks because there's no music, someone would have to manually initiate it. And they haven't, despite Nintendo surely being aware of it. They haven't taken it down because it's not affecting anything, real or fake.They've never ignored a single real leak on Youtube. This is an exception. No, they don't "possibly" understand that. There's no floodgates to leave open here. This isn't some option. They can't risk losing business because it'd confirm something to the public eye and randos on a forum. It's a game they'd be playing with horrible consequences. Which is why they never once played that game. No other company has nor ever will. They aren't stupid. They damn well know they need to act upon the NDA because their interest is business, not what some randos think.
Once again, NDAs don't have much to do with takedowns. Neither does where it was posted first. They'll go after the leaker to the best of their ability from within the company. It's believed the Ken leaker got fired sometime after the release of the game. That's how you enforce NDAs. They don't need to know who or where something got initially uploaded to go after it or the leaker.And how are they going to go after the original user? It was posted on 4chan, which they, you know, can't do anything about. They have no way to catch the leaker. That's why it wasn't taken down. Not comparable to any Youtube leaks which they 100% have taken down, though not always catching the original leaker. But they need to follow the NDA too, as they're legally obliged to.
Yes, they'll invetsigate internally because that is in their best interest to go after. The outside stuff that's already out there is not always in their best interest to go after because, as you've said, it's really hard to remove something from the internet. It would cost a lot more money than it's actually worth to chase every leak.Lol, it's not a waste of time at any point. They have to catch the leaker or try their hardest so the companies they work with are willing to trust them. Once again, zero exceptions. If they know about it, and can take action, they will.
And that's why they don't try to go after most leaks outside the company. It's just not worth the time or money involved. Even companies the size of Nintendo are not endless fountains of labor and employees. Things have to meet a certain level of impact before they go after things. Their internal legal department is probably at most 200 people (out of ~6000 employees reported last year). Any external firms they have contracted out to wont be much larger (in terms of specifically working on Nintendo legal things) and will have other clients to worry about, too.This is incorrect. They actually do attempt to, but almost never can catch the leaker. If a 4chan leak is ignored, it's because of two reasons; the image will get erased and their problem is solved, or because they can't legitimately catch the leaker. They don't try to make exceptions. They do what they can and *sometimes they have no ability to do anything.*
Correct, that's why Nintendo goes after the leakers internally every time because it is something they can control and have a vested interest in. They expend their effort doing that rather than waste time trying to get every single tiny, insignificant leak off the internet.The NDA matters for other reasons. My bad on the legality issues, but the point stands. They will not risk losing business because they'd become untrustworthy if they ignore leakers when they clearly can take action. As I noted above, you cannot upload videos to a lot of those sites in question, and they sure as hell don't know about anything on 4chan(a tiny site that isn't remotely mainstream), so it makes sense why they take down leaked videos on places like Youtube because they're the only place they actually know of and directly allows the uploading of videos. It's a two-part process.
Would they take Cacomallow down, real or fake, if someone brought it to Nintendo's attention via twitter? Absolutely, they probably would. But only because attention was brought to it. They 100% know the videos are out there and just don't go after them because the majority of consumers out there don't know about it. It's not worth it to try and fight the existence. Nintendo is not an all powerful company, they will still be limited by what they can do in a day. In the words of Bowser, they have bigger fish to fry. And there's always a bigger fish than some pesky leaked content with only around 5000 views on youtube.
tl;dr: Wether or not Cacomallow is real has no bearing on why it hasn't been taken down. Real or fake, Nintendo has every right to take it down (not because of an NDA, but because it depicts their property), but has so far chosen not to likely because they just don't care enough to take it down.