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For thoses that used emulation
Topic Started: Mar 20 2016, 08:01 AM (447 Views)
Pianomanfreak
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For those that used emulation you need to watch this video.[youtube]https://www.youtube.com/watch?v=bxveI5iJ38I[/youtube] Also what is your thoughts on this?
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UltaFlame
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Thanks Poui.

He's so biased but he tries to not seem biased.

I don't like that.

As to the thing itself I'm rather ambivalent. I suppose if the source code is in the rom, then it's commercially accessible and a consumer can use it, but the intellectual ownership of it probably defers to the original creators of the source code(Nintendo). And if you're changing the entire code enough such that it can't be recognized as the original thing, then why not just create a game from the ground up? If you're adding sprites, doing this that and the other thing and making essentially a whole new game out of it, then what's the purpose of using someone else's intellectual property as your base? By his own statement the work put in is probably about on par with making a retro-type game these days, so the only thing I can think of insofar as hacking > original code is to use the popularity of the original product as part of the appeal. And if you're doing it because you liked the original product and wanted to do something withi t, then that's using it because of the popularity of the original product still, I'd say.
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Crash
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Wheey! I've became a human being!! I am very handsam!

There are definitely a handful of hacks that could count as a transformative work and qualify as fair use, but 99% of them could not.

I don't think hack creators themselves are in much danger though; there's a reason they typically distribute their stuff on the mainstream sites like romhacking.org as .ips files, rather than as ROMs with the hacks already inserted, and that's to avoid having to distribute the copyrighted material.

In-browser emulation is neat, and will improve, but typically right now they're not particularly great emulators and you lose out on a lot of options and features that you'd get on your own downloaded emulator. It's funny though that he said the old way of distributing stuff put the responsibility on you and not the website, because that is astronomically false.

I'm not worried about NES or SNES emulation websites going down because they have been around for so long that at this point there is no way to completely stop the ROMs from being spread around. Too many people have them. Almost every single NES/Famicom game has been fully dumped (as far as I know the only stragglers are some Korea-only retail games, and bootlegs) and I think SNES is getting pretty close there too. And hey, at least with those systems we have modern publishers giving us -some- legal avenues to purchase some of those games in the current day. They could certainly be doing a lot better at it, in terms of both quanitity and quality, but they're getting there. Compare that to arcade games (except for SNK, who even sold actual ROMs of a bunch of games which you can legally use in your own emulator!) and more obscure systems like the FM Towns where the only people doing any kind of historical preservation of these titles are the "software pirates." Some of those games would be lost forever if it weren't for these people.
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leaf
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Crimson Leaf Vermillion

What's with this guy? First off, there is no legal precedent being set here. It's a simple C&D; if they take down the site, no one goes to court, and no legal precedent gets set. That said, they would almost certainly lose the case in court, so it would be foolish to not comply.

As for what he said about hacks, he's... incredibly wrong on so many levels. He argues that it becomes the hack creator's IP... but that can only be stretched so far. At most, it would only extend to the added content, but does absolutely nothing to protect their usage of existing content. The use of .ips files is what makes the distribution of hacks legally acceptable; when you package the original content with your own modifications is when you run into legal issues. Nintendo is completely within their right here.
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Ian889
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Death comes to all of those who oppose me.

I don't think he give enough specific example of hacks of games that have significantly changed the game. I think Nintendo continues to focus on the wrong things, but they have the right to do so.
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