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Relive Nintendo’s wild Donkey Kong court case from 1983
A YouTuber known as Gaming Historian, who announced in April he was stepping back from making retro-gaming documentaries due to burnout, has released a full archive of documents from Nintendo's landmark 1983 lawsuit against Universal over Donkey Kong. Universal, which owned the King Kong franchise, had argued that Nintendo's game infringed its rights, but Nintendo successfully defended itself, partly by showing that Donkey Kong originated as a licensed take on Popeye. The case remains a notable moment in gaming history, and is especially resonant now given that Nintendo and Universal have since become close collaborators on the hugely successful Super Mario Bros. films.
The released archive includes original Donkey Kong design documents, early handwritten name lists for what became the Super Mario Bros. franchise, and witness testimony logs, including from Game Boy creator Gunpei Yokoi. A particular highlight is the deposition of Shigeru Miyamoto, who repeatedly said he could not recall specific details or attribute ideas, often deferring to Yokoi, who in turn deferred back to him, producing circular and sometimes tedious exchanges compounded by a language barrier. The documents also feature colourful courtroom moments, including a lawyer nicknamed "Mr Kirby" (John Kirby, after whom the character is named) and the memorable claim that "you can't have a pronoun for a gorilla."
In short
- Gaming Historian released full archive of 1983 Nintendo vs Universal Donkey Kong lawsuit
- Documents include original designs, name lists and witness depositions
- Miyamoto's testimony was evasive, repeatedly deferring to colleague Gunpei Yokoi
Explained simply
Nintendo's Donkey Kong, released in 1981, borrowed heavily from the visual style of a barrel-throwing ape, which prompted Universal Studios to claim it infringed on its King Kong property. In 1982 Universal sued Nintendo, seeking a share of the game's profits and control over its use. The case went to trial in 1983 and became one of the earliest significant legal fights over video game characters and intellectual property.
Nintendo won by showing that Donkey Kong was not derived from King Kong but had originated as a licensed reworking of Popeye, and that Universal did not, in any case, hold exclusive rights to the King Kong story. Key figures in the case included Nintendo game designers Shigeru Miyamoto and Gunpei Yokoi, both giving testimony, alongside various lawyers involved in the courtroom proceedings. The ruling protected Nintendo's early growth in the games industry at a pivotal moment.
The case is being revisited now because a researcher and documentary maker known online as Gaming Historian has published a large collection of original documents from the trial, including design materials, name lists and witness statements. The story carries added interest because Nintendo and Universal, once courtroom opponents, have since worked together closely on the Super Mario Bros. films.