Jordan UK wrote:GrinWithoutaKat wrote:Jordan UK wrote:I watched the first two episodes yesterday. Quite enjoyed it. There were a lot things I didn't know. I didn't know how close Nintendo came to being sued out of existence for their use of (Donkey) Kong. I always found Donkey Kong to be a clear riff on King Kong. Quite surprised they got away with it.
Not watched it yet, but I seem to remember from the Game Over book that they didn't really deny it was a rip-off, but it would found that King Kong was actually public domain?
They kind of alluded to that in the show. They had John Kirby state that they argued that it was widely used term (Kong) in Japan so wasn't really an infringement. They also emphasised that, had they lost, Nintendo would have been nixed. Seems so blatant a rip off to me.
I think I've seen docs about that court case and IIRC the key thing wasn't Nintendo arguing that Kong was public domain but that Universal themselves had argued (successfully) that he was public domain in court in order to avoid paying royalties the past. So Universal themselves had set the legal precedent that Kong was public domain, Nintendo just helped 'remind them'.