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Microsoft: Nintendo should report Mario and Pokemon clones on Windows Store

Microsoft: Nintendo should report Mario and Pokemon clones on Windows Store
Microsoft has claimed it's not its responsibility to spot blatant copyright infringements within games on the Windows Store, but rather is the job of the companies being infringed upon.

The Redmond giant made the declaration in a statement issued to PocketGamer.biz regarding the recent spate of Nintendo-themed games hitting the Windows 8 marketplace, with rogue Mario and Pokemon games popping up with alarming frequency on the Windows Store in recent weeks.

Even more worrying is the fact that said releases are actually charting highly, with a couple making it into the marketplace's top five new apps rankings.

A question of responsibility

"With regards to trademark infringement, with every app there is an option to report the app for violating the Windows Store's Terms of Use,"a Microsoft spokesperson told us.

"If a company feels a Windows Store app is infringing on their copyrights or trademarks, they should report the app and we will take immediate action to determine if the app should be removed from the Windows Store."


Rogue Windows 8 game Yoshijump

Effectively this means that Microsoft isn't willing to root through its 100,000 strong Windows Store to seek out potential copyright infringements, or filter them out during the app submiytal process.

Instead, it's willing to react on a case by case basis, evaluating infringement claims when brought to its intention.

As such, the future of games such as Mario Jump!, Pokemon Attack! and Bowser Town Defense (amongst others) appears to rest with Nintendo, leaving the door open for other developers to lift other IP without license in the hope their owners won't notice.

With a fine eye for detail, Keith Andrew is fuelled by strong coffee, Kylie Minogue and the shapely curve of a san serif font.

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John Owens
Microsoft are co publishing these gamrs so offcourse they bare a responsibility.

Personally I would love a big company to take a case to trial as it would set a precedent and give protection to smaller developers.
Dave Mitchell Games Designer at Two Tails
I can understand Microsoft's point of view, but I think when the apps are charting highly and it's obviously a clone, they should take some common sense and remove them. The only people they are harming is the users of the Windows Store.
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