List of controversies: Difference between revisions

The following list consists of details regarding all major '''controversies''' relating to the ''[[Mario (franchise)|Mario]]'' franchise.

*In ''[[Mario Tennis]]'' and ''[[Super Mario Advance]]'', Birdo is given a feminine voice, with the latter being provided by the voice actress of [[Princess Peach]] and [[Princess Daisy]] at the time, [[Jen Taylor]]. However, starting with her appearance in ''[[Mario Golf: Toadstool Tour]]'', she is given a masculine-sounding voice provided by composer and [[Yoshi]] voice actor [[Kazumi Totaka]] instead.

*''[[Mario Tennis]]'', ''[[Super Mario Advance]]'', ''[[Super Smash Bros. Melee]]'' (set to English), ''[[Mario Golf: Toadstool Tour]]'', ''[[Mario Superstar Baseball]]'', ''[[Mario Super Sluggers]]'', ''[[Mario Party 9]]'', ''[[Mario Kart 8]]'', and ''[[Paper Mario: Color Splash]]'' imply or state that Birdo is a female.

*''[[Mario Kart: Double Dash!!]]''{{'}}s Japanese website description is ambiguous (''Birdo appears to be Yoshi's girlfriend, but is actually his boyfriend!?''), as well as the Spanish manual and the Spanish website of ''[[Super Mario Strikers]]'' (''Birdo is your man... well, or woman.'').

''[[Super Mario Galaxy]]'' was the first ''Mario'' game to be officially localized to French for Quebec; that market had previously received ''Mario'' titles in English rather than French. This followed a deal between the {{wp|Office québécois de la langue française}} and the video game industry to have every game available for that region in French by 2009. In the Quebec localization, NPCs (particularly the [[Luma]]s and the [[Toad Brigade]]) make heavy use of {{wp|Joual}} accents and slang. This localization choice sparked a minor controversy, with representatives of the Office québécois de la langue française and the {{wp|Union des artistes}} criticizing it for promoting poor literacy to children.<ref name=Canoe>[http://fr.canoe.ca/techno/nouvelles/archives/2007/11/20071108-111756.html Nouveaux jeux Nintendo: un français lamentable]</ref> A Nintendo representative responded that the localization was made with "localizing for the market" in mind, as the Quebec market made up 25% of sales for Nintendo of Canada at the time.<ref name=Canoe></ref>

A spokesperson from PETA later claimed that their allegations were "tongue-in-cheek", "a fun way to call attention to a serious issue, that raccoon dogs are skinned alive for their fur" and that "[PETA] wish real-life tanukis could fly or swat enemies away with their tails".<ref>https://www.pcmag.com/article2/0,2817,2396529,00.asp</ref> Over 250 thousand people played "Super Tanooki Skin 2D" within the first 36 hours of it being uploaded.<ref>http://kotaku.com/5860212/peta-that-whole-bloody-mario-thing-that-was-just-a-joke</ref> The website is still currently active. The game was widely criticized, however, for being "absurd" and seeming to be not researched.<ref>https://n4g.com/news/893293/the-mario-kills-tanooki-controversy-shows-that-gamers-arent-ready-for-gaming-as-an-artform</ref>

At E3 2017, Nintendo unveiled the pre-release box art for ''[[Super Mario Odyssey]]'', which featured a collage of screenshots from the game's kingdoms with Mario dressed accordingly to the location. On the lower-left corner, Mario could be spotted shivering in the [[Sand Kingdom]] wearing the sombrero and the poncho, near the RP rating. This look earned the nickname of "Mexican Mario" and was described as a negative stereotype of the Mexican people and their culture, with several sources accusing Nintendo of racism and cultural appropriation.<ref>https://www.keengamer.com/article/16637_nintendo-accused-of-cultural-appropriation-with-odyssey</ref> Later, the game's box art was changed, with the "Mexican Mario" image removed and replaced with a different screenshot showing Mario swimming in the [[Lake Kingdom]].

Because "spastic" is an ableist slur in the United Kingdom, derived from muscle spasms in cerebral palsy patients, the game was declared banned and immediately recalled. ''Mario Party 8'' was eventually re-released on August 3, 2007, with the offensive statement altered; European copies use the word "erratic" instead and American copies use a completely different statement: "Let me use my magic to make this all a little more interesting!"

Approximately nine months after the original ''[[Donkey Kong (game)|Donkey Kong]]'' game was marketed in 1981, [[wikipedia:Universal Studios|Universal Studios]] sued [[Nintendo]] and their production companies, alleging that the ''Donkey Kong'' name, character and story were similar to that of the character [[wikipedia:King Kong|King Kong]] (the rights to produce another King Kong film had been recently won by Universal in 1976).<ref>https://openjurist.org/746/f2d/112</ref>

After seeing the success of ''Donkey Kong'' in Japan, Universal attempted to enter the gaming industry by producing a video game with [[wikipedia:Tiger Productions|Tiger Productions]] that starred King Kong and featured similar game play. However, in 1981, Nintendo exported ''Donkey Kong'' to the west where it became famous, sold 60,000 arcade units and earned Nintendo $180 million in profit (from both arcade systems and console ports). This prompted Universal to terminate all contracts with Tiger and threaten to sue Nintendo and various producers of ''Donkey Kong''-related material because [their] "actions falsely suggest to the public that [its] product originates with or is authorized, sponsored or approved by the owner of the King Kong name, character and story."  

Coleco and Atari, the producers of the game's early computer and home console ports, promptly settled and offered to pay three percent of all profits made from the game and its production. Nintendo, however, refused to settle. On June 29, 1982, Universal officially sued Nintendo. In 1983, Universal ordered "cease and desist" letters be sent to all of Nintendo's licensees, ordering that the companies stop production and obtain licenses from Universal before resuming. Nintendo later agreed to appear in court and was represented by John Kirby, whereas Universal Studios opted to be represented by a New York law firm. The trial lasted for one week, and was overseen by Judge Robert Sweet.

During the trial, Universal alleged that based on surveys of amusement arcades (conducted by Universal itself), at least eighteen percent of people believed that ''Donkey Kong'' was related to King Kong. Universal believed that the similar appearance and the use of the secondary name "Kong" was the basis for the confusion. Among other claims, Universal also protested that the game's similar story was a direct infringement of the movie's plot.  

Nintendo debunked these claims by vouching that Universal had won the rights to produce a sequel by claiming that the "King Kong" series was in the public domain and that the likelihood of confusing ''Donkey Kong'' with King Kong was low. Nintendo had also discovered the attempt by Tiger and Universal to create a King Kong video game and claimed that it was an infringement on ''Donkey Kong''.<ref>https://openjurist.org/746/f2d/112#fn2</ref>

The district court ruled in favor of Nintendo, indicating that Universal did not own the King Kong franchise, and that the two franchises were hardly similar. Judge Sweet stated that the cease and desist letters sent by Universal allowed Nintendo to receive compensation, and that Tiger's King Kong video game was a direct infringement of ''Donkey Kong''. Nintendo opted to receive compensation and was awarded $1.8 million.<ref>https://thegaminghistorian.com/universal-vs-nintendo-case/</ref> Universal appealed the decision but lost again.

The lawsuit has often been thought to be the reason behind there being few rereleases of the arcade version of ''Donkey Kong'' and the existence of ''Donkey Kong: Original Edition'', although ''[[Donkey Kong 64]]'' nevertheless features a full port of the arcade version, as this is not an emulation of its code. However, in 2018, the original arcade version of ''Donkey Kong'' was released as a part of Hamster Corporation's ''[[Arcade Archives]]'' series. The lawsuit may also explain why references to ''Donkey Kong'' in other Nintendo games used the [[Nintendo Entertainment System|NES]] version instead of the arcade version until 2018's ''[[WarioWare Gold]]'', which altered the [[Donkey Kong (WarioWare, Inc.: Mega Microgame$!)|Donkey Kong]] [[microgame]] to feature arcade graphics and sound effects. ''[[Super Smash Bros. Ultimate]]'', also released in 2018, redid the [[75 m (stage)|75 m]] [[stage]] to look and sound like the arcade version and changed the [[Hammer]]'s music to that of the arcade version (though the arcade version of [[25m]]'s music had been used in the series since ''[[Super Smash Bros. Brawl]]''). Based on this, it is likely that some time around 2018, Nintendo either bought the rights from Ikegami Tsushinki entirely, or the two parties settled mutually.

The original ''[[Mario Party]]'' features five [[minigame]]s in which the player must rotate the control stick as fast as possible to win ([[Pedal Power]], [[Tug o' War]], [[Cast Aways]], [[Paddle Battle]], and to some extent [[Deep Sea Divers]]). Many players used the palms of their hands in order to spin the control stick more quickly than with their thumbs, leading to blisters and other ailments.<ref name="LA Times">[http://articles.latimes.com/2000/mar/09/business/fi-6902 Nintendo Agrees to Provide Protective Gloves to 'Mario Party' Game Owners]. Los Angeles Times (March 9, 2000). Retrieved June 1, 2016.</ref><ref name="BBC">[http://news.bbc.co.uk/2/hi/science/nature/671601.stm Nintendo to hand out gaming gloves]. BBC (March 9, 2000). Retrieved June 1, 2016.</ref> While Nintendo did not comment on the issue, the company's ''Mario Party'' hotline simply recommended that players use their thumbs and forefingers to spin the control stick.<ref name="CNET">Becker, David (January 2, 2002). [https://www.cnet.com/news/nintendo-offers-glove-to-prevent-joystick-injuries/ Nintendo offers glove to prevent joystick injuries]. CNET. Retrieved June 1, 2016.</ref> After over 90 families filed complaints with the New York Attorney General's office, in 2000, the Attorney General and Nintendo reached an agreement, in which Nintendo provided protective gloves to owners of the game, up to four per household.<ref name="CNET"/><ref name="LA Times"/> Nintendo agreed to commit US$80 million for the gloves, having sold approximately 1.2 million copies and if all owners took advantage of the offer,<ref name="LA Times"/><ref name="CNET"/> as well as paying US$75,000 for the Attorney General's investigation.<ref name="BBC"/><ref name="LA Times"/>

Before the official Australian release of ''[[New Super Mario Bros. Wii]]'' on November 12, 2009, James Burt, an Australian gamer who was 24 years old at the time, purchased a copy from a local game retailer that had sold the game early on November 6. Before playing the game, Burt uploaded it to a file-sharing network so that other users could also play the game before the official release. Upon discovery of this action, Nintendo sued Burt, claiming that the distribution of the game was a direct copyright infringement and wishing to receive compensation for the loss of revenue.

On February 9, 2010, the federal court ruled in favor of Nintendo of Australia and ordered Burt to pay a total of AU$1.4 million (AU$1.3 million in damages and AU$100,000 in legal fees) to Nintendo as compensation, as the game had been downloaded at least 50,000 times. After the case, Burt advised others not to "do what he did," stating that "It's something I'm going to have to work through for the rest of my life". Less than a month later, a settlement agreement between Burt and Nintendo would be reached, with the former ending up paying a "significant lesser amount".<ref>https://kotaku.com/collateral-damage-in-the-war-on-piracy-5480510</ref>

===YouTube video takedowns containing unofficial ''Mario'' content===

In tandem with the release of ''[[Super Mario Maker]]'', Nintendo was responsible for the take-downs of many videos containing unofficial fan-made ''Mario'' content, including playthroughs and speedruns of modded ''[[Super Mario World]]'' levels.<ref>Cowan, Danny. (September 10, 2015). [https://www.digitaltrends.com/gaming/nintendo-targets-speedrunners-with-youtube-copyright-claims/ Mario betrays some of his most devoted fans with new YouTube copyright claims]. ''Digital Trends''. Retrieved September 18, 2015.</ref><ref>Geigner, Timothy. September 15, 2015. [https://www.techdirt.com/articles/20150911/06482132220/nintendo-hates-you-massive-takedowns-youtube-videos-featuring-mario-bros-fan-created-levels.shtml Nintendo Hates You: Massive Takedowns Of YouTube Videos Featuring Mario Bros. Fan-Created Levels]. ''Techdirt''. Retrived September 18, 2015.</ref> One notable takedown included Alex "PangaeaPanga" Tan's video of Item Abuse 3, a modded ''Super Mario World'' level, with Panga stating that "YouTube wrecked my channel".<ref>Hernandez, Patricia. (September 9, 2015). [https://kotaku.com/creator-of-hardest-super-mario-world-level-ever-says-co-1729624158 Creator of 'Hardest Super Mario World Level Ever' Says Copyright Crackdown Gutted His YouTube Channel]. ''Kotaku''. Retrieved September 18, 2015).</ref><ref>Panga. September 3, 2015. [https://twitter.com/PangaeaPanga/status/639647877137043456]. Twitter. Retrieved September 18, 2015.</ref> He later chose to make levels in ''Super Mario Maker'' itself to post onto his channel. These legal actions coincide with Nintendo's previous enforcement of copyright on YouTube, including sharing revenue from Let's Play videos, which has been met with intense criticism by fans, popular YouTube personalities, and the mainstream gaming press.

In February 2019, it was discovered that the {{wp|United States Environmental Protection Agency}} used music from ''[[Yoshi's Island DS]]'' without permission in their recycling game ''Recycle City Challenge'', which had gone unnoticed for many years. The EPA responded to Nintendo by stating that the game was made by a contractor. After it was discovered, the music was removed.<ref>Kelly, Makena (February 20, 2019). [https://www.theverge.com/2019/2/20/18233575/nintendo-yoshi-environmental-protection-agency-epa-government-island-ds The EPA stole music from ''Yoshi's Island DS'' for a pro-recycling Flash game]. ''The Verge''. Retrieved July 30, 2019.</ref>

On April 22, 2015, Nintendo of America's {{wp|Twitter}} account posted a photo of a plush [[Waluigi]] riding a [[Wiggler]] with the caption "''Reply "WAAAA" for #WaluigiWednesday. Reply "🌼" for #WiggerWednesday.''", having misspelled "Wiggler" as the slur word "{{wp|wigger}}", a term used to describe a white person perceived as emulating mannerisms of African-American culture. The typo was met with widespread befuddlement and derision from Nintendo's social media followers, with many screencapping the original tweet.<ref name="dailydot">Imrad Khan (April 23, 2015). [https://www.dailydot.com/unclick/nintendo-twitter-wigger-wednesday/  Nintendo forgets to spell-check its tweet, promotes #WiggerWednesday]. ''The Daily Dot''. Retrieved March 14 2018</ref> The account would later delete the tweet and post a message stating "''When tweeting about one of our characters, we missed a letter. Oops! Sorry about that!''"<ref>Nintendo of America Twitter account (April 22, 2015). [https://twitter.com/NintendoAmerica/status/591046983307100160 "When tweeting about one of our characters, we missed a letter. Oops! Sorry about that!"], ''Twitter''. Retrieved March 14 2018</ref> Although the tweet was deleted, the hashtag became a minor trend on Twitter.<ref name="dailydot"/>

[[Category:Lists|Mario-related controversies]]

[[Category:References|controversies]]