Why is Nintendo not part of this?

[Alura--x--Uneii]

I mean if they're doing Mario references and everything, wouldn't they need their permission?

[Ringwraith]

That's not how references work.
Seeing as they're not even referencing stuff my name most of the time, they avoid any sort of legal pitfalls.
That and you're also allowed to reference other things for the sake of entertainment.

[Alura--x--Uneii]

Even in America? O.o

[Ringwraith]

Seriously, just look at all the things which reference things like Mario, you'll have a long list.
Even Assassin's Creed 2 pulls a Mario joke in Renaissance Italy.

[kanade2]

Even in America? O.o

http://www.youtube.com/watch?v=uCbd20MB-6k

[MizuMikomi]

Even in America? O.o

Parody and Fair Use

[Alura--x--Uneii]

Well that answers my question on if making references and parodies needed permission or not.

[Ringwraith]

Yeah, if they did, we simply wouldn't get any.
Or at least, not very many, as you'd have to be very dedicated to spend the time (and resources) to get permission for every little thing.

[Alura--x--Uneii]

Unless someone gets offended by it and sues >.>

[Ringwraith]

Well, that's what the Fair Use policy is for.
If anyone does take offence, they can't do much about it.
Besides, those people who do are probably being stupid about it anyway. As this guy helpfully explains.

[Alura--x--Uneii]

Well, that's what the Fair Use policy is for.
If anyone does take offence, they can't do much about it.
Besides, those people who do are probably being stupid about it anyway. As this guy helpfully explains.

Lulz xD

'

[Akeashar]

The parody situation is quite interesting, in the US at least, in that you can do a parody of a material once. If you do another parody of the same material you can be taken to court over it.

I got to sit in a lecture of it once, using the example of Disney vs the Air Pirates. From what we were told of the case, if they'd left it at one issue, there wouldn't have been a case, but they released a second issue which is how they got nailed.

Brief overview of it (which doesn't quite match what we were told by the lawyer, but hey, its Wikipedia):
http://en.wikipedia.org/wiki/Air_Pirates