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.
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