- May 19, 2017
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Nintendo tried to license the characters: Popeye, Olive, and Bluto, for a video game, but the copyright owner said no.Wrong. You're violating their IP rights and the POSSIBILITY that they won't chase you doesn't mean you're not on the wrong side of the law.
So Nintendo changed the characters. Instead of Popeye rescuing Olive from Bluto... Mario rescues Pauline from Donkey Kong.
Hollywood tried to say that Donkey Kong infringed on King Kong, but it had already been proven that King Kong is Public Domain.
If Nintendo had actually licensed Popeye and Bluto, we might never have had Mario, or Donkey Kong.
Fallout is another interesting creature... originally Wasteland(1988) Interplay / EA, sold to Bethesda and then licensed back to Interplay, but cancelled. The term "Fallout" is certainly public domain. Fallout shelters have been around since the 40s.