Okay, here's the thing.
First of all, I do have to say that Newgrounds deserves the right to keep advertisements on its site, because that and the store sales are the only things keeping Newgrounds alive. That and the visitors.
Having said that, one must not forget that yes, even if marginally, each and every Flash game in some way earns someone money. Even if all goes into maintaining the server, they're still making money, technically, which is one point that works against the content creators.
Another point is that Fair Use isn't a very broad term. Sure, it was a huge dick move to shut down the Chrono Trigger fan remake or Metroid Prime 2D or whatever was made, but it was all a way to protect their intellectual properties. Most, if not all fan games in some way used Nintendo's assets.
In those cases where the asset hasn't been used directly and it still has been taken down, then yes, that does somewhat go against the Fair Use policy, especially when it's a parody, but most of us aren't lawyers, I sure as hell ain't, so I don't know.
Finally, note that it's most likely NOT Nintendo itself that does this, but its lawyers. Remember that one time that SEGA's lawyers got YouTubers flagged for even just using Shining and Force in their titles? Or that one time when some Minecraft modder had to give up his source code AND pay about $100 in legal fees for three sent e-mails to Mojang's legal team just because he named his mod Minecraft Cubed? Yes, some lawyers are THAT fucking stupid.
First of all, I do have to say that Newgrounds deserves the right to keep advertisements on its site, because that and the store sales are the only things keeping Newgrounds alive. That and the visitors.
Having said that, one must not forget that yes, even if marginally, each and every Flash game in some way earns someone money. Even if all goes into maintaining the server, they're still making money, technically, which is one point that works against the content creators.
Another point is that Fair Use isn't a very broad term. Sure, it was a huge dick move to shut down the Chrono Trigger fan remake or Metroid Prime 2D or whatever was made, but it was all a way to protect their intellectual properties. Most, if not all fan games in some way used Nintendo's assets.
In those cases where the asset hasn't been used directly and it still has been taken down, then yes, that does somewhat go against the Fair Use policy, especially when it's a parody, but most of us aren't lawyers, I sure as hell ain't, so I don't know.
Finally, note that it's most likely NOT Nintendo itself that does this, but its lawyers. Remember that one time that SEGA's lawyers got YouTubers flagged for even just using Shining and Force in their titles? Or that one time when some Minecraft modder had to give up his source code AND pay about $100 in legal fees for three sent e-mails to Mojang's legal team just because he named his mod Minecraft Cubed? Yes, some lawyers are THAT fucking stupid.