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I think I agree largely with your opinion. It sounds like you agree mostly with mine, but I’m asking hard questions to try to extract some legitimate justification for remixes that copy significant value from the source material. A big problem with wanting to copy and remix is the unspoken desire to save time or money or to make money. IMO that’s not a great justification. Your position, like mine, starts from acknowledging the need for some protection time for creators, so I don’t think I need to defend that, do I? All we need to do is agree on a reasonable term, right? And Nintendo is not a good starting place to think about the term. The law needs to work well enough for people who don’t own a Mario franchise. It needs to work for photographers and painters and writers too. The law also needs to assume copies are not in good faith. The problem isn’t game developers who want to pay homage to Mario, the problem is unscrupulous people who want to make a quick buck without adding value. They are the reason the law exists, and the law needs to start with the assumption that will happen again.


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