McDonald's rips off Gordon College Mario show
by Christopher Grant 
{ Sep 9th 2006 at 2:15PM }
This isn't the first time in recent memory that Nintendo and McDonald's have joined forces (remember that free DS WiFi?), and they do share an public relations company (GolinHarris), and now McDonald's tapping the rich vein of internet phenomenons that Nintendo seems to cultivate so effortlessly. Their commercial borrows liberally from Breton's performance, even going so far as to recycle that fancy pause effect. We've contacted Breton for his response but, in the meantime, check out both videos embedded after the break and make your own decision. Did McDonald's rip off the little guy and, if they did, so what?
[Via digg]
The Original
McDonald's
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Reader Comments (Page 1 of 1)
JeffGoldblum @ Sep 9th 2006 2:27PM
Whoever ripped off who in terms of the college student and McDonalds.. one this for sure is that the college student ripped off the concept of pepole in the background wearing the same color of the bg to create the movement effects. Its been used in Japanese game shows for a while..
Ray Hargreaves @ Sep 9th 2006 2:28PM
I had posted about this around a week ago, and it's clear they re-used all his ideas for the commercial. My question is - was Andrew Breton involved with this new commercial? If not, how does he feel about it, and did they ask for permission?
Louis S. @ Sep 9th 2006 2:29PM
McDonalds raped me when I was 4.
It's true.
The4thnobleman @ Sep 9th 2006 2:28PM
Ha, I actually like the blue backdrop a bit more. They could have picked a more talented kid however. It does what it needs to, feeding off of the hot items buzzing around. I would expect more YouTube, Digg, and similar items that become internet phenominons to begin appearing in various commercials. Could you imagine a Burger King commercial with the Nintendo 64 Kid?
"OH my GOD a BK Broiler!!!!111oneoneone1!" *jumps up and down hysterically as the King gives a thumbs up*
Louis S. @ Sep 9th 2006 2:31PM
Also, at the end of the commercial, the blue pause guy holding the kids is grabbing his ass.
Proof of my claim the McDonald's rapes little kids.
BklynKid @ Sep 9th 2006 2:35PM
I like the original better as theres no annoying little kid doing a voice-over.
PSWii360 Fanbot @ Sep 9th 2006 2:40PM
Uhh....
What the hell was that? It was terrible.
It just goes to show that although McDonalds has the cash for production, the original is king. Nothing beats ingenuity and creativity.
nick @ Sep 9th 2006 2:44PM
Whoa, never heard of or seen the original, but there's definate similarities between the two.
I think I like the original better. McDonalds should have had higher production values, but came off kinda cheesy. I think it would have been better to have the kid actually in the game, inside of what they tried to do.
Markster @ Sep 9th 2006 2:44PM
@1
Yes, the college student "ripped off" the idea of people wearing the colour of the background, but that's a tried and true dramatic technique. It would be like accusing someone of ripping off the "Three Act Play". It's a tool that is used, a standard convention.
McDonald's however, blatantly copied the performance of the college students.
Consider this:
When you pause the game in Super Mario Bros, there is no word "pause" displayed on the screen. But yet both of these videos have the word "pause" appear. McDonald's definitely did not get that idea from the game itself.
Further, if you consider the timing of this commercial, it only comes a couple months after the video hit the internet. Perfect timing for the video to circulate through the advertizing agencies, and find its way to production.
Neko Tsukimi @ Sep 9th 2006 2:49PM
The influence is TOTALLY obvious. But I must say it's a good idea whether they had that video in mind or not (although it's slightly creepy with all those grown-up men in the back being hidden playing with the little boy...)
karmaghost @ Sep 9th 2006 2:56PM
@1, see #9. You need to rethink your concept of "ripping off." If Brenton ripped off Japanese game shows, then the Japanese game shows ripped off whoever developed the original technique and so on. I think the proper term for what Brenton did was "inspired by," while the proper term for what McDonald's was "blatantly stole."
ManekiNeko @ Sep 9th 2006 3:15PM
It's funny how corporations will fiercely defend their own intellectual property, all while feeding off public domain ideas like engorged parasites.
JR
Sid @ Sep 9th 2006 3:15PM
It completely boggles the mind as to why McDonald's would use Nintendo-based toys to promote physical activity.
Well, on second thought, you could say Wii, but if you said that you would also be very stupid.
Why not make some cheapo LCD thing that I remember seeing on more than one occasion from fast-food places? Or at least the cool little action figures from when the N64 launched, it was either Taco Bell or Burger King that had them.
Max @ Sep 9th 2006 3:17PM
In the UK, we already have this kind of thing as an advert. After Channel 4 comedy shows,which Nintendo sponser, there are a series of these, with advertisements for Mario, Tetris, and Pheonix Wright, all done in this style,
redzoo @ Sep 9th 2006 3:19PM
Absolutely shameless, though I'd expect nothing less from McDonalds. Their advert lacks the fun spirit of the original- although the college video is hampered by a technical difficulty it has a charm that the McDonald's ad shall never possess.
Adam @ Sep 9th 2006 3:28PM
Jeez, I totally already did the same thing with my nintendo street team audition video, however long ago that was (2 years?).
Jaleeb Caru @ Sep 9th 2006 3:30PM
That's a damn shame.
eric j. @ Sep 10th 2006 10:18PM
too bad the "original" isn't really "original" you joystiqers need to do a little more research into japanese trade and game shows. i've seen shockingly similar shows made from both animes and video games alike. plus even if nintendo did "rip" it off, who cares? Welcome to the world of advertising! boohooowoohoo
Craigo @ Sep 9th 2006 3:53PM
I'm not sure the original was "original." I saw the same routine at Taylor University around 2000 or 2001.
MeleeKirby @ Sep 9th 2006 4:09PM
What Max said in post #14, we get that kind of thing by Channel 4 when they do Nintendo DS sponsors, and a few of them are Super Mario Bros sketches done in exactly the same way.
I've taken the liberty to provide you guys with the main New Super Mario Bros sponsor and sketches spots by uploading them on youtube:
http://youtube.com/watch?v=BRKWmy2-KrU
(Feel free to add the video to this article digg)
devian @ Sep 9th 2006 7:16PM
What's sad is the Gordon College version is 10x better than the McDonalds commercial.
Rok.Felipe @ Sep 9th 2006 6:03PM
The first one is amazing, cause we like to see how people use simple/cheap ideas to reproduce the game efects, even in brazil we do things like this http://www.youtube.com/watch?v=eEG3gCvmmSg . But McDonalds isn´t out of money to do a thing like this, huh?
PS: thats all my poor english can do, sorry pals ;)
Bergasa @ Sep 9th 2006 6:43PM
What I don't get is why they are harkening back to the NES days for this commercial. Kids don't even know the original Super Mario Bros, why not model this around a current Mario game? It could have been simply done with New SMB music/graphics instead, and would have found better resonance with the kids these days.
The4thnobleman @ Sep 9th 2006 7:00PM
Bergasa, keep in mind that "retro" is the new black, and has been for the past year or two. Anything harking back to the 80's era gets gobbled up, be it Transformers to Cabbage Patch, to old cartoons like Ninja Turtles, Thundercats, and many more. If its Devo, its gold in the consumer market.
Catalyst @ Sep 9th 2006 7:40PM
What's really sad is that this kid will have almost no recourse available to him. I doubt there was any sort of copyright/IP on this performance (like you would get with having to pay a licensing fee to put on a play, for example).
Even if he did, going head to head with McDonald's over this would be very difficult. Regardelss of the fact that they have a ton of money to throw at litigating this, this would be a rather complex combination of contract, fair-use, copyright, and a lot of other issues. Sucks for him.
mister.matthew @ Sep 9th 2006 7:46PM
Jim Henson who made the Muppets and Sesame Street always used it a bunch...there was a scene in Labyrinth where they used that technique.
but if anyone's being ripped off here, I believe we can agree that it's Nintendo...hah!
ae86takumi @ Sep 9th 2006 10:20PM
While McDonalds ripped Gordon College's performance. Nintendo has all intellectual rights in the character so in other words they can do as they please and use any ideas from fans. Gordon college should be proud they caugth the attention of them. of course a small tap in the back from Nintedo would be nice.
kourgin @ Sep 10th 2006 12:16AM
Hahaha man, in the mcdonalds video at the pause part that dude grabs the kids ass
who thinks up these things.
Catalyst @ Sep 9th 2006 8:24PM
How is Nintendo getting ripped off? The creation at the college is clearly an artistic/parody about Nintendo, and I'm 100% certain Nintendo isn't trying to break into the talent contest racket. There is no possible way Nintendo is getting ripped off there, because there is nothing to be ripped off from.
On the McD's side, Nintendo is obviously gaining (1) money and (2) advertising.
The only person being ripped off here is the first person to do this Mario Bros. skit and failed to realize it's marketing potential.
Troy Dunham @ Sep 9th 2006 8:48PM
If McDonalds drowns a moronic woman who spills coffee on her cooch in millions of dollars, id say that this guy just won the lottery.
Matthew Dickinson @ Sep 9th 2006 8:48PM
I thought the Gordon College people were copying some Japanese thing of Punch Out done on a stage.
http://www.youtube.com/watch?v=mhw6QRDqfeg
Powerlord @ Sep 9th 2006 8:58PM
"How is Nintendo getting ripped off? The creation at the college is clearly an artistic/parody about Nintendo, and I'm 100% certain Nintendo isn't trying to break into the talent contest racket. There is no possible way Nintendo is getting ripped off there, because there is nothing to be ripped off from.
Nintendo is getting ripped off because they own the various sounds and graphics being used in the original skit. A parody is done in the original style to poke fun at it. This, on the other hand, uses material directly taken from the game.
It is, however, most likely overlooked because of the nature of the performance.
"The only person being ripped off here is the first person to do this Mario Bros. skit and failed to realize it's marketing potential."
IANAL, but no, it isn't. Anything using graphics or sounds ripped from the game, or the Mario Bros. name would have been totally illegal to market.
Catalyst @ Sep 9th 2006 9:19PM
Powerlord,
The doctine of fair use would allow the creator of this skit to use those sounds and graphics UNLESS you could argue that this new creation is not "transformative," and does not add "something new" that the original lacked. In this case, the Mario Bros. game has clearly been transformed into some sort of artistic, live action commentary. It is clearly different from Nintendo's creation. The parody doesn't have to be obvious, and maybe in this case it isn't completely obvious, but there have been far worse ripoffs that have been allowed thanks to the fair use doctrine (think Rap music sampling, for one).
I could point you to some legal cases, but I read Joystiq to escape that shit.
Wheeliedude @ Sep 9th 2006 10:53PM
I notice the obvious similarities, but I hate how it's an "activity" toy they're advertising.
*insert obesity commentary*
WedgeTalon @ Sep 10th 2006 11:15AM
ae86takumi - No, they can't just use fan's ideas. It's for the same sort of reasons that movie studios don't accept fan script. Whether the company likes it or not, an artist's parody is protected just like the original work.
Video Game @ Sep 10th 2006 11:49AM
*insert obesity commentary* ...lol
mister.matthew @ Sep 11th 2006 10:05AM
I didn't truly mean that I thought Nintendo was being ripped off, it was joke...you know...joke? humor? quioticism? whimsy? guffaws? silliness? jokes!
anyways, no one here is being ripped off technically, the skit that inspired the commercial wasn't even the first appearance of a skit like this, so the peeps at Gordon College aren't being ripped off...even if they were the original, they wouldn't be ripped of considering all intellectual property that was displayed in the skit would belong to Nintendo...now since this is nothing more than a skit at a school talent show, they're obviously not making any money off it.
Tony @ Sep 10th 2006 12:38PM
Am I the only one that thinks this is a bit ridiculous? I saw this idea at other sites as well.
This isn't an original idea. It's been done before to varying effects, really. I mean, if anything, this is more like Nick Arcade. Should Nickolodeon sue?
Jim @ Sep 11th 2006 2:28PM
In japan there was a show that did the same thing... about 20 years ago!
FSK405K @ Sep 11th 2006 12:31AM
frac'in' mcdonalds....total rip-off
A. @ Sep 11th 2006 5:57AM
it pisses me off when multimillion dollar ad agencies can't think of something new and bill their cocaine budgets to their clients on the back of an internet meme and hope that the tv watching public doesn't notice.
RocketPunch @ Sep 11th 2006 4:20PM
This has been the idea of multiple Japanese talent show since the 80's. Don't tell me I am the only one that knows these stuff.....
aerisfantasy07 @ Sep 25th 2006 11:58AM
I currently attend Gordon College and am the news editor of our school paper. I asked Andrew Breton if he planned on suing McDonald's, in order to write a story on it if he did. So far, he has no plans to sue, but does say he thinks Micky D's deserves a "thumbs down." It doesn't matter if he was inspired by Japanese game shows; he still had an original idea to take it to stage at a college talent show. Because of him, the freshman class one over all the other classes, which is a rare event here. The McDonald's commercial has no relevance, and does little to actually promote their new Mario toys that supposedly encourage physical activity. It really doesn't make much sense. However, all this attention hasn't hurt our school; as the saying goes, no press is bad press. Perhaps McDonald's will give Breton some sort of compensation, though it's nigh-on impossible given that Breton does not own Nintendo, nor its various sound effects. Still, it would be nice if they donated some old-school arcade games for our student lounge!
Ryn @ Oct 9th 2006 12:20PM
my high shcool is having a talent show pretty soon, ive never been in a talent show, but it looks so fun...would it be bad if i did a version of this for it?