Nintendo is one of the largest video game publishers in the world, producing both hardware and software. Since the release of the Nintendo Entertainment System in 1985, the company has generally been proactive to assure its intellectual property in both hardware and software is legally protected. Nintendo's protection of its properties began as early as the arcade release of Donkey Kong which was widely cloned on other platforms, a practice common to the most popular arcade games of the era. Nintendo did seek legal action to try to stop release of these unauthorized clones, but estimated they still lost $100 million in potential sales to these clones.[1] Nintendo also fought off a claim in 1983 by Universal Pictures that Donkey Kong was a derivative element of their King Kong in Universal City Studios, Inc. v. Nintendo Co., Ltd.; notably, Nintendo's lawyer, John Kirby, became the namesake of Kirby in honor of the successful defense.
Nintendo frequently issues DMCA notices against video game emulators, mods, and fangames. While publications like Engadget describe these actions as "within [Nintendo's] right", the company's hostile stance is much maligned within the video game community.