Was Donkey Kong Sued? The Surprising Legal Battles Behind a Gaming Icon
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Yes, Donkey Kong was indeed the subject of a significant lawsuit. While the game itself didn’t directly sue anyone, Nintendo was famously sued by Universal Studios shortly after the game’s release in 1981. The lawsuit centered around claims that Donkey Kong infringed on Universal’s copyright of the movie King Kong. This legal battle is a pivotal part of Donkey Kong’s history and highlights the complex world of copyright law in the early days of video games.
The Genesis of a Gorilla and Legal Troubles
The Initial Idea: Popeye and the Unattainable License
Interestingly, the original concept for Donkey Kong wasn’t even about a gorilla. Shigeru Miyamoto, the creative mastermind behind the game, initially wanted to create a video game based on the popular cartoon character Popeye. However, Nintendo was unable to secure the licensing rights for Popeye. This setback forced Miyamoto to re-imagine his concept, leading him down a path that would eventually involve a giant ape and a damsel in distress.
From Popeye to King Kong: An Unintentional Connection
Having moved away from Popeye, Miyamoto drew inspiration from various sources, including the 1933 film King Kong. He conceived of a large ape, named Donkey Kong, who kidnaps a woman, named Pauline, and it was up to the player, as Jumpman (later known as Mario), to rescue her by climbing through platforms on a construction site. The unintentional similarities to King Kong became the basis for the upcoming legal troubles.
Universal Studios’ Lawsuit
Soon after its release, Donkey Kong became a massive arcade hit. This success caught the attention of Universal Studios, who claimed that Nintendo had infringed upon their copyright of the King Kong character and story. Universal argued that the similarities between Donkey Kong and King Kong were too substantial to be considered coincidental. This resulted in a lawsuit against Nintendo for copyright infringement.
Nintendo’s Victory
Despite the seemingly strong case by Universal Studios, Nintendo fought back. After a protracted legal battle, the court ultimately ruled in favor of Nintendo. The judge determined that Universal did not have a valid copyright claim, given that their rights to King Kong were themselves under contention and that the story elements were too generic and had entered into the public domain. The victory was a huge win for Nintendo and the video game industry as a whole, setting a precedent for future copyright disputes in the gaming world.
Frequently Asked Questions About Donkey Kong
Here are 15 frequently asked questions to further understand Donkey Kong and its history:
1. Who owns the rights to Donkey Kong?
The rights to Donkey Kong are owned by Nintendo. They created the character and franchise, and continue to develop and publish games featuring him.
2. Did Nintendo sue a guy named Mario?
No. This is a common misconception fueled by internet rumors. Nintendo has not sued a man named Mario over his name. They do aggressively protect their intellectual property, but have not targeted individuals simply for having a common first name.
3. What was the original Donkey Kong game?
The original Donkey Kong was a 1981 arcade video game developed and published by Nintendo. It involved the player controlling Jumpman (Mario) to rescue Pauline from the clutches of a giant gorilla named Donkey Kong.
4. Why is it called Donkey Kong if he’s a monkey?
The name Donkey Kong was intentionally chosen to be humorous and convey a specific meaning. Miyamoto used “donkey” to mean “stubborn,” while “Kong” was simply to mean “large ape”. Therefore, Donkey Kong was intended to mean “stubborn ape.”
5. How old is Peach?
Princess Peach’s canonical age is not officially stated by Nintendo, but many sources indicate that she is around 23 years old, based on hints in various games and the movie.
6. What was Luigi’s original name?
Luigi’s full name was indirectly confirmed to be Luigi Mario after Miyamoto confirmed that Mario’s full name is Mario Mario. The brothers typically share the same last name.
7. What was Mario called in Donkey Kong?
In the original Donkey Kong game, Mario was known as Jumpman. His character’s main action was jumping, hence the name.
8. When was Mario a bad guy?
Mario (or Jumpman) served as the antagonist in Donkey Kong Jr. (1982) and the Game & Watch title Donkey Kong Circus (1984), where he was the one holding Donkey Kong captive.
9. Why did Nintendo get sued for Mario Party?
Nintendo was sued because of the mini-games in the first Mario Party game that required players to rotate their control sticks quickly. Some players suffered injuries, such as blisters and friction burns from their palms, leading to legal action.
10. What was Mario 2’s original name?
The original game that became Super Mario Bros. 2 in the US was called Yume Kōjō: Doki Doki Panic in Japan. It was a completely different game, with Nintendo re-skinning it as a Mario title for the Western market.
11. Did Nintendo buy Donkey Kong from Rare?
Nintendo did not buy Donkey Kong from Rare. Nintendo always owned the Donkey Kong franchise. Rare was responsible for reviving the series with games like Donkey Kong Country, but Nintendo retained the rights. Rare was later acquired by Microsoft.
12. Is Donkey Kong trademarked?
Yes, Donkey Kong is trademarked by Nintendo. They regularly update and maintain their trademark registrations to protect their intellectual property.
13. Is Donkey Kong Rare or Nintendo?
Donkey Kong is a Nintendo property, though Rare Ltd. is credited with significantly revitalizing the franchise with games like Donkey Kong Country. Nintendo remains the owner and developer of the series.
14. Who is Luigi’s girlfriend?
Luigi’s girlfriend is Princess Daisy, the princess of Sarasaland. She’s a recurring character in the Mario franchise.
15. How old is Bowser Jr.?
According to recent information released by Nintendo, Bowser is 34 and Bowser Jr. is 13, despite previous fan theories that stated otherwise.
Conclusion
The story of Donkey Kong is more than just about a video game; it’s a tale of creativity, legal battles, and the power of a compelling character. The lawsuit by Universal Studios is a key part of Donkey Kong’s history, demonstrating the potential risks and rewards of venturing into the entertainment industry. While Donkey Kong has had its share of legal hurdles, its place in gaming history as a cornerstone for video game copyright and a cherished character remains unshakeable.