Citation Needed - Donkey Kong

Episode Date: May 28, 2025

Donkey Kong[a] is a video game series and media franchise created by the Japanese game designer Shigeru Miyamoto for Nintendo. It follows the adventures of Donkey Kong, a large, powerful gorilla, and ...other members of the Kong family of apes. Donkey Kong games include the original arcade game trilogy by Nintendo R&D1; the Donkey Kong Country series by Rare and Retro Studios; and the Mario vs. Donkey Kong series by Nintendo Software Technology. Various studios have developed spin-offs in genres such as edutainment, puzzle, racing, and rhythm. The franchise also incorporates animation, printed media, theme parks, and merchandise.

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Starting point is 00:00:00 Hello and welcome to Citation Needed, a podcast where we choose a subject, read a single article about it on Wikipedia, and pretend we're experts. Because this is the internet, and that's how it works now. I'm Heath, and I'll be leading this Kong Expedition, and I'm joined by the usual cast of characters. Nobody wants Diddy. I get it. I totally get it. I totally get it. So we have Funky Kong, Swanky Kong, Cranky Kong, and Captain Scurvy, Cecil Tomanova, and Eli.
Starting point is 00:00:51 I feel like Funky Kong isn't a you're so cool reference and more of like a put your shoes away reference. Yeah. Yeah. It is true. I am swanky. I prefer a tie with no pants. That is my signature look.
Starting point is 00:01:04 Yeah. And to be clear, canonically, Cranky Kong is Donkey Kong. So that's actually a compliment. You might not know it. And I have a surprising amount of single genre erotica based on me. So yeah, correct. Great. All right. Noah, what person, place, thing, concept, phenomenon or event are we going to be talking about today? Well, at this point, it would be event we're gonna be talking about today. Well, at this point, it would be really weird if it wasn't Donkey Kong.
Starting point is 00:01:29 And I'm assuming you have vintage Donkey Kong themed bed sheets or something very similar to that. So Noah, is it safe to say that it's unlike Donkey Kong? Indeed, it is safe to say so, sir. Excellent, so what is Donkey Kong? I would argue that it is the single most influential video game of all time. It was the inaugural effort of the most influential video game designer of all time. It introduced the most influential video game character of all time, and it created an entire
Starting point is 00:02:00 video game genre that, one could argue, is the only truly unique video game genre that one could argue is the only truly unique video game genre and yes I do own a copy of it for Atari and and Colecovision and Intellivision and NES and Super Nintendo and I have the Game & Watch feel free to pause the podcast to put on a pair of dry underwear podcast. Agree. Okay. Just to be clear though, we're talking about Donkey Kong because of its historical significance.
Starting point is 00:02:36 Yes, it's historical. And, and because they're doing major repairs on my house this week and I had to write an essay on the same week that I had to put most of my belongings in storage and relocate my home and office to an Airbnb. So I didn't have time to read a whole Wikipedia article this time. So I had to go an essay on the same week that I had to put most of my belongings in storage and relocate my home And office to an Airbnb so I didn't have time to read a whole Wikipedia article this time So I had to go with one I knew yeah Only no illusions defines writing an essay without source material as the easy way to do it Well, how should I know about so this is the last one I'm gonna be able to do that with I think alright So not a lot of motherfuckers can pull off starting a story about a video game in the late 1800s, but I am one of those motherfuckers. So in 1889, a craftsman by the name of Fusajiro Yamiuchi decided that he wanted to get into the playing
Starting point is 00:03:16 card business. So he started a company called Nintendo Kopai. Now, like so much Japanese, it's apparently really hard to translate the exact meaning of Nintendo into English, but it's something like leave luck to heaven. Kopai is way easier. It just, it means playing. Stop drawing on that inside straight like a fucking donkey. Maybe when you die, you'll get it in heaven. Yeah, exactly. It's that.
Starting point is 00:03:39 So, Yamiuchi sets out making cards for this game called Hanafuda, which was derived from poker after poker was outlawed in Japan in an effort to eradicate Western influences on their culture. It was also one of the few types of gambling that the Japanese government allowed in the late 19th century, and that, along with the fact that high stakes players demanded a fresh set of cards for every game, made it a steady business. But not necessarily a lucrative one, though, since the cards were really expensive to produce. So from the very beginning, the company was looking for ways to branch out. Now of course, for most of the company's history, branching out meant manufacturing other kinds
Starting point is 00:04:13 of cards, right? They eventually did Western cards once those were legal. They did novelty cards. They got a lot of Western licenses. So they do cartoons, Disney, that kind of stuff. But the company is passed down through the family from one generation to another until eventually it winds up in the hands of Hiroshi Yamiuchi,
Starting point is 00:04:30 Fusajiro's great-grandson, and he took new ventures to the extreme. Under his leadership, the company dropped the kopai from its name altogether, and they got into the business of practically everything. This includes toys, games, instant noodles, sneeze, pay by the hour, fuck mode. It was a very interesting time for the company.
Starting point is 00:04:51 OK, it's like Airbnb, Grubhub and Rubhub all at the same time. It's just right. Good business right there. You're leveraging core competencies. You're discovering demand. Don't boil the ocean. I fucking love that. Synergy is winnergy. This feels like the Menards business model.
Starting point is 00:05:11 Let's say we'll be a hardware store that also sells kayaks, ramen noodles, jean jackets, three random mattresses and some miter saws. And we'll arrange the story in a series of perpendicular aisles designed by the rats who failed every maze test. Also the biggest thing of cheese balls you've ever seen in your entire life. I fucking love Menards so much. It's fucking insane there. They blast their theme music at you every 40 seconds. You save more money there too. You do. That's what they say. Yeah. Yeah, they say again and again and again.
Starting point is 00:05:47 I really wish Nintendo get back into the fuck motels though now that they have all the themes to do with it, you know? You walk in and you're just like, here we go! Yeah, right, yeah, exactly. But okay, so among the buckshot efforts at diversification, one of them hit big and that was of course the company's foray into video games.
Starting point is 00:06:06 Now that started in 1977 in the golden age of Pong clones and they did pretty well with their color TV game series because it told the customers what it was, I guess. But they really hit it big when a designer by the name of Gunpei Yokoi came up with the idea for the Game and Watch. Now basically, he saw somebody playing with a pocket calculator, and he was like, wow, that's not even a game, and he's already playing with it. So they used calculator technology to make a series of simple games, and they made a fortune. All right, guys, spelling boobies upside down is absolutely hilarious every time. But it only works in English, really. I think we can do more.
Starting point is 00:06:42 So this is late 70s, early 80s. And as weird as this seems from the modern perspective, the real money in the video game industry at this point, it's not in this home console and handheld bullshit. It's in the arcades. And this is somewhere Nintendo already had experience, even in the pre video game era. They already made light gun based clay pigeon shooting games for arcades. And even before they came out with their first home console, they had a racing game in arcades called EVR racing
Starting point is 00:07:08 that was in 1975 and it was eventually followed in 1979 with a shooting game called Sheriff which they would follow up the next year with a very ambitious game called Radar Scope. Now Radar Scope combined the scintillating feel of watching a line trace a circular path along with the existential anxiety of living during a time when a flock of birds or perhaps even the sunrise might and has been mistaken for an incoming nuclear attack. Hey, put your quarters in kids.
Starting point is 00:07:38 Well, you know, it's funny because the whole video game thing starts Tom from people doing radar operating and going like this would actually be really fun if we weren't killing people with right. Yeah. All right. So if you're old enough to remember space invaders and let's face it, if you aren't, you already stopped this thing to the right. So RadarScope was basically like space invaders or Galaxian except that they use this cutting edge technology to give the game a depth of field that made it feel kind of three dimensional. And the game was pretty awesome. It was technologically ahead of everything else out there, did pretty well in Japan.
Starting point is 00:08:09 So they made a bajillion of them. They threw them on a boat and they sent them to Nintendo of America, which was headquartered in New York City at the time. Now these days they're headquartered in Seattle. And much of the reason for that is because it's way too fuck quicker to ship shit from Japan to Seattle Than it is to go through the Panama Canal and all the way up to New York City Which they learned all about when their cutting-edge game showed up nine months later and worked cutting edge anymore All right, we can steal that canal and make like a 48th
Starting point is 00:08:40 Prefecture So, okay, so Nintendo of America has a huge problem. They've got a fuck ton of games that are kind of meh compared to similar games that Atari is making at this point, and American gamers just are not feeding them quarters. Radar scope is a dud, and it's such a big dud that it threatens to sink the still nascent Nintendo of America altogether. But luckily, they have a savior in the form of a sloppy haired folk musician whose dad made him get a real job. Enter Shigeru Miyamoto, the greatest video game designer of all time.
Starting point is 00:09:17 Also known as the only video game designer you've possibly even kind of heard of. And I have definitely not heard of him. So you've heard of Sid Meyers though, haven't you? I you heard a gun pay Yokoi earlier in this essay. I wasn't listening. No one was. Metroid. Read a Metroid. Now, of course, Miyamoto didn't grow up wanting to be a video game designer
Starting point is 00:09:42 because that didn't exist yet as a job. He wanted to be a musician. Specifically, he wanted to be a video game designer because that didn't exist yet as a job. He wanted to be a musician. Specifically, he wanted to be a banjo player. But his dad told him he had to get a real job. So he looked in the one answer he saw an opening at a toy company and he was like, oh well that at least looks fun. Okay, if he learns to juggle next then becomes a podcaster. No one's just making this up. So he goes in there, he impresses the hard ass that's running the place, and he gets a job in the fledgling video game department. And for some reason, that defies all explanation given what he had done for the company up
Starting point is 00:10:16 to this point, when the radar scope thing goes bad, they give him the job of designing a new game that they can retrofit into the old game's hardware. Okay. And that's how Banjo Hero was born. It went badly. It went badly. Nobody liked that. So, it's worth noting here that Miyamoto is not a computer programmer. And that's very unusual at this point in the history of video game design, at least in comparison to America, which is where most video game design was happening at that point. At Atari, like one person designed the game, programmed the game, did all the sound effects, did all the graphical design, did everything. It wasn't until the packaging that somebody else got involved, right?
Starting point is 00:10:53 This was suboptimal, right? Because the thing that makes you good at coding doesn't necessarily make you good at designing games. Well, I think transistor amplification quiz is a fun game. Exactly though. It was exactly that. So Miyamoto looked at things differently from the very beginning. The first thing that he wanted to do was to tell a story.
Starting point is 00:11:15 And by that, I don't mean just present a premise on which you can write your own story, which is what other games gave you, right? He wanted a story with a beginning, a middle and an end. He wanted the player to be able to win right to like to defeat the crazed monkey at the top of the screen and he made the first game that ever actually had that aspect in every other game you just play until you die right Pac-Man has little interstitial scenes where he gets chased around and shit but the story never ends yeah later on those interstitials get dark though. In one of them, Blinky just asks you to say goodbye to his wife. I'll see you in the afterlife, my dear. Oh, wait.
Starting point is 00:11:51 Yeah, there you are. Yeah, right. We're ghosts. All right. So to tell you how important the storytelling aspect. Can you just go left and be right all of a sudden? What's happening here? So to tell you how important the storytelling aspects were to Miyamoto, I want to emphasize here just how much of the game's capacity is used to render a giant monkey at the top of the screen that doesn't actually do anything. Right? Like you don't fight Donkey Kong in the game. All he does is throw barrels and distress the damsel. The big limitation of video games at the time was how many moving objects you could put on the screen at one time. And Donkey Kong was so big that they had to use four of those moving objects to build him and two for said damsel. One extra one just for her speech bubble yelling help to like inject some urgency
Starting point is 00:12:39 in the situation. It's because the test players were like, I don know how do we know this isn't just a happy inner species couple that jump man's trying to bro Wait a second She's asked for help now I've been invited yeah intercession Necessary now it wasn't always gonna be a giant monkey for a little while at the beginning It looked like Nintendo was gonna have the licensing for Popeye which was still a pretty popular IP back in the early 80s. So originally, the idea was that Bluto was going to be throwing barrels at Popeye while OliveOil yelled for help.
Starting point is 00:13:13 That was not to be. Instead, he changed the villain to Donkey Kong, a name that his team got by looking up synonyms for stubborn and ape in a Japanese-English dictionary. The hero, on the other hand, he would name, of course, Jumpman. He would take on a different name eventually. But when the game debuted, the mustachioed protagonist is just named Jumpman. And he's not a plumber either.
Starting point is 00:13:35 He's a carpenter. And the damsel was not a mushroom princess either. She was just a lady named Pauline. I just I like how the words mushroom princess have become a phrase that sounds like it means something. Oh, she's not a mushroom princess. That's what's weird. Yeah, right. I should also note that canonically, Donkey Kong was Mario's pet ape. And the story that appeared on the original artwork in the game cabinet strongly suggests that Mario abused Donkey Kong in some way. Okay. What? Yeah, and that kidnapping Pauline was revenge for that once he escaped from his cage.
Starting point is 00:14:12 What? Yeah, now the story line's been cleaned up in the intervening years, but it was very important to Miyamoto... This is just chipped crazy, the video game. That was the only thing to describe it. Yeah, no it was. Yeah, exactly. But it was apparently very important to Miyamoto that his game have an empathetic villain Okay, I mean I'm getting a hateable good guy right He's a shitty carpenter who shows up at the work site with a giant ape Who's just like throwing barrels everywhere where people trying to work and then that guy's mean to the ape like fuck Yeah, we're lucky the tech wasn't further
Starting point is 00:14:45 along Donkey Kong would have been named you know Braden dark and voiced by gnome Jenkins really missed a bullet here no nerds loved that three nerds three and a half now so but Donkey Kong had a fuck ton of firsts right it's not technically the first platformer game because there were a few games before where you move from one platform to another on ladders. But it was the first game with a fucking jump button, which is a pretty big deal. And I feel like most people define platforms as games where you jump between platforms. Sorry, I'm getting too nerdy.
Starting point is 00:15:20 Getting. Yeah, getting. But it is also the first game to use the damsel in distress narrative, which is kind of huge, and I believe it was also the first game to get sued for intellectual property infringement. Okay. And it gave us The King of Kong, A Fistful of Quarters, which was a delightful movie. Alright, plenty more to learn for the noobs, but first, some apropos of nothing. Alright, you guys ready for the ads? Sure. Who's sponsoring the show this week?
Starting point is 00:16:02 Daddy issues. Oh, wow. Okay. So I feel like I never really let myself mourn when my dad passed away. No, not that. Daddy Issues is a podcast about fatherhood featuring comedians DC, Ervin, Keon Pooley, Chas Rogers, and Craig Wayans. They talk about news stories of the week, stand up comedy. They share stories about the adventures they have raising their kids, and they share what it means to be a Black father in the modern world. Tune in and join the weekly conversation. Wow, that sounds great.
Starting point is 00:16:29 Those guys are hilarious. They sure are. And if you like barbershop talk, standup comedy, Black fatherhood, real life parenting wins and fails, and group chats that go from wild to wise, then Daddy Issues is your vibe. Come for the laughs, stay for the legacy talk. Daddy Issues, not for the legacy talk. Daddy issues, not your average dad podcast. I have your average dad podcast.
Starting point is 00:16:52 We say average or? No, because I didn't mourn when my dad passed away. We heard you the first time, man. We heard it before. Ha ha! You'll never get back Pauline! Oh no! Save me Jumpman! You'll never rape my girlfriend Donkey Kong! Whoa whoa whoa! Dude, what?
Starting point is 00:17:28 That's right! Get your filthy hands off her you big ape! Sorry, just want to clarify. I have no intention to sexually assault Pauline. Oh! You don't? No! Did you think that Pauline? No, of course not. Why would I think that? Oh. Okay, well then I'm gonna...
Starting point is 00:17:50 Sorry, not really ready to move forward with this. You thought I was gonna sexually assault your girlfriend? I don't... Hey man, I don't know. You stole her. There's a lot of problematic assumptions built into that sentence. Holy shit. Exactly.
Starting point is 00:18:04 Thank you. I was just trying to get her back. Were you? You're like jumping around grabbing bonus barrels. I watched you stop to grab a magic hammer multiple times. It was all part of the plan. Right. Sure. Look, I'm not comfortable in this space right now. I'm going to go. And I feel like this communication should go through other channels moving forward Honestly, same. I feel the same. Oh come on guys. We don't need to get HR involved here. I think we very much do guys guys don't
Starting point is 00:18:37 Mean why else would a monkey want to kidnap a lady? Heard that? Fuck! And we're back. When we left off, video games were like porn without character development and everybody hates that. But the story of an abusive carpenter might be the missing link. What's next? Okay, so for those of you who don't remember the game, let me, I'm going to walk you through a quick round of Donkey Kong. So the first thing you're going to see when you throw your quarter in is a big monkey ass climbing a six story tower of girders on a double ladder that's disappearing behind him. And under his right arm, you see the feet of helpless Pauline, who was originally just named Lady, by the way, so this actually could be and was more sexist.
Starting point is 00:19:35 Donkey Kong reaches the top, just to show off he jumps the last few steps, and then he places Pauline on a weird half-story gir above him and he jumps around somehow angling the girders below him with every leap. At this point, he bears his teeth, a wildly unpleasant sound barks at you and the screen blacks out. The last part happens to you when you try to take Tom's bacon. Okay, if you wanted your own bacon, you know to cook it outside the 300 yard perimeter we discussed Cecil. It's true. He was very clear. Stop making me black out, Tom.
Starting point is 00:20:07 So you see this black screen, then you see Donkey Kong standing against it with the words that first attracted a young Noah who somehow must have known what he was going to become. Those words of course were, how high can you get? A pleasant little tune plays and we return to our angled girders, but now they're populated by a series of staggered ladders, some broken, some whole, few gravity defying hammers, an oil drum at the structure's base and a stack of infinity barrels next to Donkey Kong, cleverly disguised as just four of them. Yeah.
Starting point is 00:20:39 And Donkey Kong at the top being like, fuck, there's just barely a path up again for a guy who jumps just barely far enough. And I think this guy, this keeps happening. I feel like he's gonna get up. Next time I'm breaking all the ladders rather than worrying about the tilt of the girders. This is a priority. It's true.
Starting point is 00:20:55 It's true. So okay, so then our hero appears. He's rocking overalls, a mustache, and a baseball cap. So he looks like a guy at a Limp Bizkit show. No, I should say too, that's a shocking amount of detail for a video game character of the day. Compare him to like, fucking Pac-Man or the station in Space Invaders or the fucking square from Adventure. Anyway, Jumpman come Mario starts at the bottom left of the screen.
Starting point is 00:21:23 And now he's got to make his way up to the top where Pauline is helplessly walking back and forth. All the while, Donkey Kong will be throwing barrels at him, which he must either jump over, dodge by climbing a ladder, or smash with one of those hammers. Alright, I gotta climb something without super hammers just floating there. This keeps happening. He's gonna get me again. I always liked that Pauline got to watch you without any duress of her own. She's just swearing at the monkey and Cecil's Boston lady voice the whole time.
Starting point is 00:21:49 Right. No, obviously. Yeah. But if and when Mario reaches the top, his tribulations aren't over. When he reaches Pauline, a heart appears between them. Then Donkey Kong grabs her. The heart breaks in half and he climbs to a still higher level of this rickety ass structure. After a stack of two Donkey Kongs once again ask how high we can get, we find ourselves on a refreshingly level set of floors held in place by a series of pegs. Mario must now remove those pegs by jumping over them, and thereby drop Donkey Kong off the top of the tower and defeat him. And since Pauline would probably appreciate a few new accessories at the end of this ordeal, there's an umbrella, hat,
Starting point is 00:22:24 and purse scattered around for him to pick up along the way for bonus points. Oh, these aren't yours? I just climbed a ladder holding like three things and dodging barrels and no, I don't know if they have a different size in the back. There's no back. You know what? I'm keeping the umbrella.
Starting point is 00:22:39 And of course, once you remove those pins, Donkey Kong falls, Mario and Pauline are reunited and you win. First complete story in video game history. But the game does not end there. You loop back to the start and the whole thing begins again, but it's not just a harder version of the levels you just played. If you're good enough to get through the next version of the opening stage, you get to see a whole new level.
Starting point is 00:23:00 This one has like elevators and bouncing spring monsters and all kind of weird shit Which if you think about it is fucking nuts When you consider that more than 90% of players are never going to reach this stage Even weirder is the stage with conveyor belts and pies and shit that many of our listeners who played this game in the arcade are Probably hearing about for the first time To get to that one You've got to beat the elevator level and then the peg level again and the first level for a third time. Or you could just stand next to the really good guy at the arcade and watch him get to that level because the amount of quarters you need to do that is a down payment on a
Starting point is 00:23:35 house. Right, right. I don't believe your childhood home cost a whole quarter, Cecil. I don't want to know a joke. But Cecil, that was the point, right? The point was that after playing that game a hundred times, you would walk in and somebody who was really good at it would be on that level. You'd look up and you'd be like, wow, I never saw that before.
Starting point is 00:23:52 And that would give you more inspiration to put more quarters in it. It's a brilliant idea by Miyamoto, but something that nobody else was doing at this point. And look, so I want to step back for a second and acknowledge how fucking weird it is to make a video game about an abused ape stealing a dude's girlfriend and throwing barrels down a construction site in an attempt to kill him. It's weird that that is the first story that video games were used to tell. And we sort of accept it now because we're used to video game stories being weird and Japanese video game stories being weird even in comparison to those.
Starting point is 00:24:22 But this was a new phenomenon at the time. And when the higher ups at Nintendo saw it, they were, to put it mildly, skeptical. Sure. You know, to this point, most games were about shooting aliens or killing robots or bouncing balls around. Giant barrel throwing felonious monkeys were quite a departure. Okay. So a giant monkey throws infinite barrels at a carpenter that great stuff Miyamoto tail as old as time But I don't understand why the monkey kidnaps the lady Animal abuse sorry
Starting point is 00:24:57 Animal abuse that is what I said out loud apparently I Love it lunch Can I bring my banjo so absolutely so like it or not Nintendo well yeah but banjali but like it or not but like it or not Nintendo had to pull the trigger or risk folding up their American division. So they sent out these kits to refit the warehouse full of unsold RadarScope games. And this is not a simple matter of like swapping out a fucking cartridge, right?
Starting point is 00:25:34 The game was made to use the same processor and screen and cabinet and shit, but they had to replace a substantial amount of the game's guts. The point is the company's investing a pretty big chunk of money and labor into something that's already failed. They needed this to be a big hit to salvage all of it. Now, of course, Donkey Kong did hit big. It allowed Nintendo of America to recoup the huge cost that it incurred holding on to all of those useless RadarScope games, and it let them pay off their increasingly angry Italian
Starting point is 00:26:01 mustachioed landlord named Mario, who they could not help but name their new mustachioed savior after. Yeah, and apparently the landlord was dating Tom's mom at this point. Okay. Bunch of drinking, arguments with monkeys. That Donkey Kong cirrhosis adventure was not the hate you'd expect. But it should have been. Well, it's got a niche audience today. But yeah, it's okay. But Mario the Landlord isn't the only guy who's going to get a video game character named after him in this story. And that gets us to the legal battle part of it, because you might have noticed a few similarities between Donkey Kong and King Kong. And if you saw the graphics that were painted on
Starting point is 00:26:42 the side of the cabinet, you'd notice a lot more, right? Pauline is shown all disheveled and in high heels. Kong is shown scaling a building. It's clearly trying to evoke King Kong imagery, which very much came to the attention of Universal Studios, who sued Nintendo. Godzilla's looking around all nervous. Oh, they're suing people over that stuff. Okay, so the guy running Universal Studios at the time is a fellow by the name of Sid Sheinberg. Okay. Now, my next line is, and he loves to sue. And my next line is they heard me the first time. So you made it really awkward.
Starting point is 00:27:16 Okay. So Sheinberg was an attorney. He was president of MCA and Universal City Studios. And he was desperately trying to muscle his way into the suddenly billion dollar video game industry. So Donkey Kong was an irresistible opportunity. He was the kind of guy that looked at the legal department as a revenue source, and what he wanted
Starting point is 00:27:36 wasn't to sue him and make a bunch of money, he wanted to scare Nintendo into handing over some amount of their American operation to Universal in exchange for dropping the suit. Can you sue for your company is us now? Yes, you can. It's actually all of your apes is belong to us. That's a surprisingly sophisticated video game reference coming from Tom.
Starting point is 00:27:58 I know. I don't even know what it refers to. There's a me. But Nintendo refused to play ball here. And look, Nintendo has a reputation of being overly litigious today, and it's a well-earned reputation to be clear. And not that this justifies any of it,
Starting point is 00:28:12 but you can kind of see where it comes from when you consider that this is their introduction to doing business in America, right? They finally succeed at literally anything, and boom, they get sued. Oh, okay, you guys wanna play it this way? If any of your grandchildren ever say Wario on Twitch, we're gonna murder them with a bat.
Starting point is 00:28:30 All right, now we're even. Now we're even. So okay, so Nintendo goes out and they get this awesome lawyer by the name of John Kirby, who could inhale other companies general counsel and spit them out. He could. So John Kirby thinks this case is winnable.
Starting point is 00:28:45 So he attacks him on two different fronts. The obvious one is that he argues that Donkey Kong isn't similar enough to King Kong to count as copyright infringement. The idea of a giant ape kidnapping a lady was too widespread in fiction at this point for anybody to lay a reasonable claim to it. Sure. Beauty and the Beast. Yeah. The story of Ivana Trump. It's a tale as old as
Starting point is 00:29:07 time. So that's step one. And that included a day where they brought in a Donkey Kong game set to free play and let the jury play a few rounds, which had to be the greatest day in the history of jury duty because A, you got to play fucking Donkey Kong, which is a great fucking game. And B, you get to watch a bunch of random people from 1982 try to play Donkey Kong. Don't jump too early. Oh, come on. Objection, Your Honor. Objection. You have to let me take over. Juror number nine is butchering the first level. This is unbearable. Overruled. Mom said you have to let him play.
Starting point is 00:29:39 Come on. But like I said, though, Kirby was fighting on two fronts because at the same time he's arguing that, he's also digging into the chain of custody on the King Kong story. Of course, the original movie wasn't made by Universal Pictures. It was made by a company called RKO Radio Pictures, which no longer existed at this point. And Kirby pieced together the fact that Universal had never actually purchased the rights. In fact, they'd argued their use in court to defend their use of the King Kong property. In other words, they had admitted in court in the past that nobody could own the story
Starting point is 00:30:14 of King Kong. So Nintendo wins the lawsuit, and John Kirby is immortalized in the annals of video game history in a manner not unlike having his image written in the stars. He's the inspiration for the lovable pink vacuum cleaner character Kirby from such classics as Kirby and the Forgotten Land, Kirby Super Star Ultra and Kirby Planet Robobot, the three best of the Kirby games. Now, so Kirby's power is to suck, which might not seem complimentary, but Nintendo promises they meant it as a compliment,
Starting point is 00:30:45 and John Kirby seems to have taken it as one as well. The game's creator, Miyamoto, would go on to have the most legendary imaginable career in the video game industry. He would design a bunch more hit games, including a Popeye game that he made the following year, but far more memorably, he would go on to create the Super Mario Brothers and Legend of Zelda franchises.
Starting point is 00:31:05 I get it. I used to have a blog. As for Donkey Kong, well, he would go on to have a lucrative career in the video game industry. He's appeared in scores of video games since, including the upcoming Donkey Kong Bonanza, which will be anchoring the lineup for the switch to when it releases next month. And yes, Bonanza is spelled like banana because they don't miss a bucket thing at Nintendo. Donkey Kong's gameography, though, is nothing compared to his rival.
Starting point is 00:31:33 Of course, Mario has appeared in well over 200 games in his career and proving that the video game industry shares a lot of Hollywood's worst traits. The same is not true for Pauline, whose career ended when she was replaced by a younger love interest in 1985's Super Mario Bros. Alright, if you had to summarize what you've learned in one sentence, what would it be? You gotta go for the It's On Like Donkey Kong reference early if you want it. I don't actually like this. You got in there. And are you ready for the quiz?
Starting point is 00:32:01 Oh yeah. All right, Noah, you know too much off the top of your head about video game history. A, for real. B, no, no, no, seriously. See, I mean, this is a lot. D, I'm pretty sure I remember most of my own kids' names. E, you would be amazed at how much shit I had to leave out of this. Did you know that the Nintendo Game & Watch was the first thing that first introduction of the D pad, the little plus that the Nintendo has is on the controllers?
Starting point is 00:32:32 I didn't know it was a Nintendo gaming watch until this day. So many things you didn't know about what you just said. The jump button, they were originally, like the game design didn't require a jump button, but because RadarScope had a button, they had to do some fucking thing with it. And so they created the most important button in video game history. Awesome. Okay, Noah, this guy named a bunch of characters after people in his life. Which one was the most famous? A service person who drove with a truck to drag his broken down car back home. His name was Toad. B. His debate teacher, Princess Speech.
Starting point is 00:33:11 C. His local shipwright, Bowser. Or D. His good friend who threw pretty wild parties, Diddy Kong. Oh God. Secret answer E, A through C, but definitely not D. Definitely not D. You don't want to get the D from Diddy Kong. You don't want to get the D.
Starting point is 00:33:30 All right, Noah. If Universal had managed to snatch Donkey Kong away from Nintendo, what would they have renamed it? A. Honky Kong. Oh, is that it? I'll go with A. Nooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo For Tom, Noah, Cecil, and Eli, I'm Heath. Thank you for hanging out with us. We'll be back next week, and I'll be an expert on something else. Between now and then, you can listen to Cognitive Dissonance, The No-Rogan Experience, Dear Old Dad's God-Off Movies, The Scathing Atheist, Skeptocrat, and D&D-. And if you'd like to join the ranks of our beloved patrons, you can make a per-episode
Starting point is 00:34:19 donation at patreon.com slash citation pop. And if you'd like to get in touch with us listen to past episodes connect us on social media or Take a look at show notes check out citation pod So in the future if you're worried about sexual assault in the workplace, it's very important you report it right away Otherwise, who is the problem? It's a me Otherwise, who is the problem? It's me. Exactly. Now, if you'll turn to Module 2 in your training...
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