
Nintendo takes action against IP infringements amid Switch 2 launch
Nintendo has halted the development of SmashTogether, an unofficial fan-made dating app based on the popular Super Smash Bros. franchise. The project was announced in June 2024 and launched in beta on 15 May 2025. However, it was shut down just 24 hours later after Nintendo sent a cease and desist letter, according to a social media post by the creator. The app had generated significant interest with over 400 pre-registrations in its first few hours. Its goal was to connect fans of the fighting game both romantically and socially. Although the specific details of the legal notice remain undisclosed, all signs point to Nintendo responding due to copyright infringement and unauthorised use of its brand. The Japanese company is known for its rigorous protection of intellectual property rights, in particular when unofficial projects may associate its franchises with unlicensed or ambiguous content.
Meanwhile, the recent release of the Nintendo Switch 2 on 5 June 2025 in most countries has sparked debate, in particular following the update to its End User License Agreement. The controversy centres on whether users actually own the console or merely acquire a licence to use it, subject to Nintendo's rules. One of the most disputed clauses is Nintendo's ability to permanently disable the console and/or associated services if unauthorised use is detected. This includes modifying the software or console, bypassing security measures, installing unofficial content, and using distribution methods other than those provided by Nintendo. While the company clarifies that these measures are primarily intended to combat piracy and the use of emulators, the broad wording of the agreement has raised concerns about the extent of Nintendo's control over the devices after purchase.
In line with this approach, Nintendo has introduced new restrictions on its Nintendo Today! app to prevent the sharing of copyrighted content related to the Switch 2 console and its games. The app now blocks screenshots and video recordings, thereby limiting users' ability to share copyrighted content related to the console and its games. While some users have found ways to bypass these restrictions, most agree that they make it challenging to produce and distribute content about the Switch 2. This policy forms part of Nintendo's ongoing strategy to protect its digital assets and is consistent with its previous legal actions against leaks and unauthorised streaming.
Disney and Universal sue Midjourney for copyright infringement
Disney and Universal have taken legal action against Midjourney, one of the most popular artificial intelligence image generation tools, for infringing the copyright of dozens of iconic characters. The lawsuit, which was filed in a Californian federal court, marks the first legal case brought by major Hollywood studios against an AI company.
According to the lawsuit, Midjourney trained its model using protected material without authorisation, enabling users to generate images of characters such as Shrek, Ariel, Bart Simpson, WALL·E and the Avengers. Furthermore, the studios claim that the platform has disregarded numerous cease-and-desist requests and prioritised financial gain. Despite having technological filters in place to prevent the generation of violent or sexual images, the company did not implement similar measures to protect intellectual property. The studios are demanding compensation of up to €140,000 for each of the more than 150 works allegedly affected, which could amount to damages in excess of €18 million.
Disney and Universal argue that these practices are illegal and threaten the economic basis of creative industries. While recognising the positive potential of artificial intelligence, they insist that it must be used in a way that respects the law and the rights of creators.
Details
- Publication date
- 13 June 2025
- Author
- European Innovation Council and SMEs Executive Agency