The Good, The Bad and The Ugly

The Good

  • Thanks to the contributions of MTPO experts, Matt Turk and Sinister1, I’ve been updating the book approximately 2 hours per week
  • Edits have primarily focused on strategies and are almost complete (up to Super Macho Man)
  • There have been new strategies discovered for consistently faster times and higher scores, which have been added
  • These edits have added an extra layer of polish to the book
  • I was briefly contacted by the organisers of PAX Australia 2013 about the possibility of a Q&A session about my experience making the book. Currently waiting for a follow-up to go over the details.

The Bad

  •  After continued attempts to contact Nintendo:
    • Emails to NOA and Goldie Marketing (licensed distributor)
    • Physically sent a copy of the book to NOA headquarters with a cover letter, which was returned with a generic message, phone number and reference
    • Followed up call to Nintendo, but the reference number did not work (and the call went nowhere)
    • Investigating personally giving Mike Tyson a copy of the book during his nationwide speaking tour (VIP ticket entitles a meet-and-greet)
  • Today I finally received an email response (names removed):

Thank you for your inquiry regarding the Punch Out book. We’re all very impressed by the amount of passion you have for the project.

Unfortunately, due to the complex rights and ownership issues involved with licensing the “Mike Tyson’s Punch Out” IP, we’re not able to consider an official license grant at this time. While we appreciate your enthusiasm and the demand from the fanbase, there are a number of insurmountable intellectual property hurdles that would prevent us from moving ahead with this project.

My apologies for the delay in responding to your inquiry. I wanted to ensure I thoroughly understood the issues surrounding your request, and it took some time for my own inquiries to reach the proper personnel within Nintendo.

Thank you again for your interest. I regret that I could not offer you a more affirmative response but do wish you all the best in your future endeavors.

With Kind Regards,

Nintendo of America Inc.
Merchandise Licensing

The Ugly

  • The response from Nintendo dashes any hope of an official release
  • I have responded asking about the possibility of either:
    • An unofficial release; or
    • Giving the book away for free (digitally)
  • If I can’t even give the book away for free without repercussion  the book will most likely never see a public release.
  • This would be a shame, but the world moves on! I really enjoyed the journey of making the book and have started preliminary scouting for a second book (hint: arcade)…

Stay tuned for future updates.

Cheers, Daniel.

Update!

A very quick reply to my inquiry around unofficially publishing or giving it away for free.

I’m sorry that it took so long for someone to get back to you—we get hundreds of these kinds of inquiries a week and sometimes it takes a while for things to make their way to the correct person. I’m glad I can be responsive, if nothing else.

Regarding your follow-on inquiry: Unfortunately, the only answer I can give to you is to suggest you speak to an intellectual property attorney. Nintendo vigorously defends its intellectual property rights, so it’s important to consult a professional to ensure you don’t infringe. Since IP law is complex and confusing, it is best to explain your particular case to someone who specializes in these matters and get a professional opinion.

Again, I’m afraid I’m not being terribly helpful, and I’m very sorry for that. It is clear that a lot of care went into your project, so I wish I could be of more assistance. Whatever the outcome, I hope very much that it’s a positive one for you.

I’ve informally spoken to an IP lawyer in the past and they like to play it safe, which is bad news for a public release. Considering almost everything in the book was freely sourced from the web, if I’m infringing then a lot of people are infringing.

I will look to speak properly with an IP lawyer in the coming months. If anyone is or knows an IP lawyer and would like to volunteer their services, please let me know!

To be clear, I am only concerned with Nintendo infringements at this stage. If I can clear that hurdle I’ll tackle fan-created content, which will be much less of an issue as I am more than happy to remove/replace — new content is created everyday!

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