Nicaris issues DMCA removal for Cave Story fan games

Fan-created Daisuke “Pixel” Amaya’s ingenious in-deep platformer cave story extended version was slapped with the removal of the DMCA. Publisher Nicalis has accused Cave Story Engine 2 of using code stolen from the original game source (the code it owns as the developer of Cave Story +). However, the fear that the publisher had planned to permanently wipe out all free versions of the game from the internet seems irrelevant, but the code used in fan games where Nicalis is currently closed. There is ongoing debate over whether or not you actually own the rights to.

In a DMCA notice posted last week, a Nicalis representative asked to remove the entire Cave Story Engine 2 repository (including various fan-made versions) from the site. From the appearance of things, they are successful.

The removal notice claims that the CSE2 source contains code based on the original Cave Story. It is owned by Nicalis as part of a contract to distribute its own Cave Story + and Cave Story 3D on Steam and the Nintendo console. However, several developers, including the one behind CSE2’s “major fork,” claimed that the repo didn’t contain anything like that, and the game was decompiled on its own instead. Claims to work from a version of Cave Story. In effect, they write their own code with the goal of making the final result as close to the original as possible.

“The DMCA claims that Nicalis owns the code for CS + and believes that code exists in the repository, but as far as we know it is not.” The developer is now hidden. In the tweet (via PC Gamer), I wrote as follows. “Several key participants in the CSE2 project (including myself) are currently planning to approach Nicalis to resolve this issue.”

Something that looks like the same developer (many of these accounts are locked) later updated their story to Nintendo Life, and it’s possible that Nicalis actually owns the IP to Cave Story. Claiming to be, it’s a bit complicated:

1. This DMCA is exclusively for CSE2, a fan-made decompile of the original freeware version of Cave Story. This freeware version is not affected by the removal and can be downloaded from as usual.

2. As far as we know, Nicalis actually owns the Cave Story IP. There is no reason to believe that this DMCA removal is illegal. There are fair use exceptions to decompilation like CSE2, but the responsibility for proof lies with the project, not the copyright owner.

3. Nicalis has a long history of supporting the remodeling community. At this point, it seems to be non-malicious. To resolve this misunderstanding, we are approaching Nicaris.

4. The CSE2 maintainer does not intend to look down on Nikaris. It is in their goodwill that the remodeling community continues to thrive on earth. We unilaterally approve the official commercial version of Cave Story.

This is despite the game community Wiki claiming that Nicalis only licensed Cave Story and Amaya owns it. Certainly it is a very difficult situation. But no matter how it’s done, it’s already won much after several developers accused CEO Tyrone Rodriguez of racism, abuse and exploitation last year. It seems that it just caused malicious intent to the publisher.Early rumors of publishers trying to completely wipe out the free version of the game from the internet may be exaggerated, but the cave story itself can still be downloaded for free to sites like Famous indies like Lami Ismail Encouraged people to avoid versions of the game created by Nicalis.

“Cave Story is one of the most important games of all games and 100% recommended not to buy. Download the original freeware and then instead of these ugly Shenanigans of the game Buy Kero Blaster to support real developers. “

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Nicalis issue DMCA takedowns against Cave Story fangame

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