Question: How can Super Mario Bros Crossover profit so heavily from Copyright Infringement?
Jay Pavlina's game Super Mario Brothers Crossover and website explodingrabbit.com reproduce Copyrighted material including names, sprites, background music and sound effects which are property of Nintendo, Capcom and Konami.
According to Alexa, Jay Pavlina's site explodingrabbit.com receives a lot of traffic is ranked the 27,000th most popular site in the U.S.
Jay Pavlina, creator of Super Mario Brothers 2.0 profits from copyright Infringement though Google ads on the website explodingrabbit.com as well as Google ads on his YouTube videos. Jay Pavlina also profits from direct donations as well as merchandise sales.
The copyright holders (Nintendo, Capcom, Konami) have lost tens of thousands of dollars in revenue due to Super Mario Brothers Crossover.
Jay Pavlina doesn't even hide that he profits from copyright infringement and encourages fan's to play Super Mario Brothers Crossover 2 on explodingrabbit.com instead of other sites for the sole reason that he makes money.
The question is, how exactly does Jay Pavlina get away with this?
Answer:
Nintendo's legal team hasn't sued him yet.
Nintendo does sue people. At one time, it was possible to buy a "game system" that was shaped like a N64 controller and had about 10-20 NES games in it. They were sold in mall kiosks.
That company was shut down by Nintendo and all profits were seized.