It's an extremely messy situation to be sure. That comes in spite of the game's community wiki claiming Nicalis have merely licensed Cave Story, while Amaya retains ownership. We unilaterally endorse the official commercial versions of Cave Story. It's by their good will that the modding community continues to thrive above ground. The maintainers of CSE2 have no intention of disparaging Nicalis. We are approaching Nicalis in an attempt to clear up this misunderstanding.Ĥ. At this point, we don't suspect any ill will. Nicalis has a history of being very supportive to the modding community. While there can be fair use exceptions for decompilations like CSE2, the burden of proof rests on the project, not on the copyright holder.ģ. We have no reason to believe that this DMCA takedown is illegitimate in any way. To the best of our knowledge, Nicalis in fact owns the Cave Story IP. Said freeware version is unaffected by the takedown, and can be downloaded at as always.Ģ.
This DMCA is strictly for CSE2, the fanmade decompilation of the original freeware version of Cave Story. That's complicated somewhat by what appears to be the same developer (many of these accounts are locked) later updating their story to Nintendo Life, claiming that Nicalis may, in fact, actually own the IP to Cave Story, stating:ġ.
#Pixel daisuke amaya code
"The DMCA claims Nicalis owns the code to CS+ and believes said code exists in the repos, but that's not the case to our knowledge." the developer wrote in a now-hidden Tweet (via PC Gamer) "Several major participants in the CSE2 project (myself included) are currently planning to approach Nicalis to settle on the matter." Effectively, they're writing their own code with the aim of the end result feeling as close as possible to the original. However, several developers - including one behind a "major fork" of CSE2 - claim that the repo includes nothing of the kind, insisting that the game instead works from its own decompiled version of Cave Story.
The takedown notice alleges that CSE2's source includes code based on the original Cave Story, which Nicalis own as part of their deal to distribute their own Cave Story + and Cave Story 3D on Steam and Nintendo Consoles. From the looks of things, they've been successful. In a DMCA notice posted last week, a representative for Nicalis called for the entire Cave Story Engine 2 repository (which included various editions of the fan-made edition) to be stricken from the site.
#Pixel daisuke amaya free
But while fears that the publisher planned to wipe all free versions of the game off the internet for good seem to have been misplaced, contention remains over whether Nicalis actually owns the rights to code used by the now-shutted fan game. Publishers Nicalis have accused Cave Story Engine 2 of using code stolen from the original game's source - code that they, as developers of Cave Story +, own. A fan-made enhanced edition of Daisuke "Pixel" Amaya's seminal indie platformer Cave Story has been slapped with a DMCA takedown.
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