Despite the changes made to Mario Royale to keep it from infringing on Nintendo's copyrights, the long arm of the law has claimed InfernoPlus' clever platformer battle royale game. The game formerly known as Mario Royale has officially been shut down.
Mario Royale was developed by InfernoPlus as a unique take on the battle royale formula. 76 players start in the classic Mario World 1-1 level and must be the last Mario to make it to the end of the level. While players don't directly interact with others during the race, they can interact with obstacles and use them to eliminate the other players.
Now, when Mario Royale was first released it was clearly a breach of Nintendo's IP, something developer InfernoPlus knew about too well. When the inevitable cease-and-desist came down, InfernoPlus made some cheeky changes, tweaking the character to become Infringio and renaming the game, "DMCA Royale."
Alas, it was not enough. In a statement posted on InfernoPlus' website, the developer wrote, "Unfortunately, Uncle Nintindie's lawyers have informed me that, despite my best efforts, the game still infringes their copyright."
InfernoPluss adds, "They refused to give me specifics (I asked multiple times) but it would seem that either the level design or general mechanics are still too close to the original game. As a result I can't just blindly change the game and leave it up. Doing so would put me at risk of further legal action."
InfernoPlus says that they'll likely reveal more about what happened on their YouTube channel in the future, but as it stands there's nothing that can be done to save Mario Royale, I mean, DMCA Royale.
We reached out to InfernoPlus and asked if there was anything they'd like to say following their statement on their website. "Nothing in particular. Just glad people enjoyed the game while it existed." Nintendo has not reached back to USG with a statement.
Nintendo is well known for shutting down projects that infringe on its IP, including a well known ROM hosting site. This is just another example why you should probably avoid Nintendo properties if you're considering dabbling in a fun fan project.
Reporting by Eric Van Allen