Digger Dan DX pulled from the 3DS eShop due to takedown notice
Digger Dan DX only just launched a couple of months ago, but the game has been put in a very unfortunate situation. Due to a takedown notice from First Star Software, who holds the rights to Boulder Dash, Nintendo told developer that the title needs to be removed. Four Horses says it doesn’t have the money to fight the claim, so that basically means it’s the end for Digger Dan DX.
Four Horses said:
I’ve received notice from Nintendo this morning that Digger Dan DX is being pulled from both NOA and NOE eShops as they have received a takedown notice from First Star Software, owners of the rights to Boulder Dash.
I’ve not found details of the copyrights they have registered yet so am unable to determine what rights they think it has broken, but as far as I can tell, it is likely to be gameplay elements which I am pretty sure cannot be protected by copyright.
Regardless, Nintendo are pulling it (it is currently still on the NOE eShop, not sure about NOA), and I don’t have the money to fight them, so Digger Dan is no more.
We can confirm that Digger Dan DX has been removed if North America. It’s apparently still up in the game, but definitely not for very long. It’s a very unfortunate situation.