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Nintendo refers playing ROMs for obsolete systems with PC emulator as illegal???

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  • Nintendo refers playing ROMs for obsolete systems with PC emulator as illegal???

    I've found this article on Nintendo official website: https://www.nintendo.com/corp/legal.jsp#emulator:

    Intellectual Property Rights

    Nintendo owns intellectual property rights in its products. These include copyrights, trademarks, and patents.

    Copyrights

    A copyright is an exclusive right granted to an author of a literary, musical, audiovisual or artistic work, giving the author the sole right to reproduce and distribute that work. There are several different types of copyrights which are associated with Nintendo's products. These include various copyrights in Nintendo's software source code, executable code, game visual display, game music, game characters, product packaging, game manuals and labels; hardware chip microcode; artwork and publications.

    Trademarks

    Trademarks are the distinctive names, words, logos, designs and symbols used to distinguish a product of a particular manufacturer or source. Some of Nintendo's most widely recognized trademarks include Nintendo®, Game Boy®, Super NES® and Super Mario Bros.®. The Nintendo® trademark has been filed in many countries throughout the world and registrations have been issued in Nintendo's name in many countries.

    Patents

    A patent is a grant of the exclusive right in an invention for a period of time. Nintendo owns many utility and design patents. There are many patents and design patents associated with Nintendo's hardware and software products.

    Counterfeits

    A counterfeit Nintendo product is an illegal copy of an authentic Nintendo product. These counterfeit products often originate from Taiwan, Hong Kong or China. The production, distribution, or sale of counterfeit Nintendo products is illegal. Nintendo has brought thousands of legal actions worldwide to stop counterfeiters. In addition, thousands of criminal actions have been brought against those found to be distributing, reproducing, or selling unauthorized, illegal copies of Nintendo video game products throughout the world, including criminal actions against on-line distributors.

    For more information on piracy issues regarding the videogame industry, please visit the Entertainment Software Association's website at http://www.theESA.com/

    Mod Chips

    Mod chips circumvent the security embedded into Nintendo's products. To install the mod chips into a Nintendo hardware system, it is necessary to dismantle the product and, in some instances, remove components. Use of mod chips voids the consumer warranty. Mod chips have also been adjudicated to be illegal in various countries around the world, including the Unites States, the United Kingdom and Hong Kong. Countries around the globe are also adopting similar laws aimed at illegal circumvention of security measures. People caught selling or installing them may be subject to criminal prosecution and may also be liable for civil damages resulting from such activities.

    Independent Publishers/Licensees/Licensed Property Owners

    Nintendo licenses a number of independent third party publishers to use its patented technology, copyrights and trademarks in developing, creating and marketing their own video games. Additionally, there are a number of intellectual property rights associated with these games that are owned by these publishers. In addition, many independent property owners from such sources as movies, television, sports leagues, etc. license their intellectual properties for use in video games.

    What are Nintendo ROMS?

    A Nintendo ROM ("Read Only Memory") is the type of chip used in Nintendo's video game cartridge which contains the game software. However, this term is commonly used on many gaming sites on the Internet and refers to game data that was copied from an authentic Nintendo video game cartridge.

    What is a Nintendo Video Game Emulator?

    A Nintendo emulator is a software program that is designed to allow game play on a platform that it was not created for. A Nintendo emulator allows for Nintendo console based or arcade games to be played on unauthorized hardware. The video games are obtained by downloading illegally copied software, i.e. Nintendo ROMs, from Internet distributors. Nintendo ROMs then work with the Nintendo emulator to enable game play on unauthorized hardware such as a personal computer, a modified console, etc.

    Can I Download a Nintendo ROM from the Internet if I Already Own the Authentic Game?

    There is a good deal of misinformation on the Internet regarding the backup/archival copy exception. It is not a "second copy" rule and is often mistakenly cited for the proposition that if you have one lawful copy of a copyrighted work, you are entitled to have a second copy of the copyrighted work even if that second copy is an infringing copy. The backup/archival copy exception is a very narrow limitation relating to a copy being made by the rightful owner of an authentic game to ensure he or she has one in the event of damage or destruction of the authentic. Therefore, whether you have an authentic game or not, or whether you have possession of a Nintendo ROM for a limited amount of time, i.e. 24 hours, it is illegal to download and play a Nintendo ROM from the Internet.

    How Does Nintendo Feel About the Emergence of Video Game Emulators?

    The introduction of emulators created to play illegally copied Nintendo software represents the greatest threat to date to the intellectual property rights of video game developers. As is the case with any business or industry, when its products become available for free, the revenue stream supporting that industry is threatened. Such emulators have the potential to significantly damage a worldwide entertainment software industry which generates over $15 billion annually, and tens of thousands of jobs.

    What Does Nintendo Think of the Argument that Emulators are Actually Good for Nintendo Because it Promotes the Nintendo Brand to PC Users and Leads to More Sales?


    Distribution of an emulator developed to play illegally copied Nintendo software hurts Nintendo's goodwill, the millions of dollars invested in research & development and marketing by Nintendo and its licensees. Substantial damages are caused to Nintendo and its licensees. It is irrelevant whether or not someone profits from the distribution of an emulator. The emulator promotes the play of illegal ROMs , NOT authentic games. Thus, not only does it not lead to more sales, it has the opposite effect and purpose.

    How Come Nintendo Does Not Take Steps Towards Legitimizing Nintendo Emulators?

    Emulators developed to play illegally copied Nintendo software promote piracy. That's like asking why doesn't Nintendo legitimize piracy. It doesn't make any business sense. It's that simple and not open to debate.

    People Making Nintendo Emulators and Nintendo ROMs are Helping Publishers by Making Old Games Available that are No Longer Being Sold by the Copyright Owner. This Does Not Hurt Anyone and Allows Gamers to Play Old Favorites. What's the Problem?

    The problem is that it's illegal. Copyrights and trademarks of games are corporate assets. If these vintage titles are available far and wide, it undermines the value of this intellectual property and adversely affects the right owner. In addition, the assumption that the games involved are vintage or nostalgia games is incorrect. Nintendo is famous for bringing back to life its popular characters for its newer systems, for example, Mario and Donkey Kong have enjoyed their adventures on all Nintendo platforms, going from coin-op machines to our latest hardware platforms. As a copyright owner, and creator of such famous characters, only Nintendo has the right to benefit from such valuable assets.

    Isn't it Okay to Download Nintendo ROMs for Games that are No Longer Distributed in the Stores or Commercially Exploited? Aren't They Considered "Public Domain"?

    No, the current availability of a game in stores is irrelevant as to its copyright status. Copyrights do not enter the public domain just because they are no longer commercially exploited or widely available. Therefore, the copyrights of games are valid even if the games are not found on store shelves, and using, copying and/or distributing those games is a copyright infringement.

    Haven't the Copyrights for Old Games Expired?

    U.S. copyright laws state that copyrights owned by corporations are valid for 75 years from the date of first publication. Because video games have been around for less than three decades, the copyrights of all video games will not expire for many decades to come.

    Are Game Copying Devices Illegal?

    Yes. Game copiers enable users to illegally copy video game software onto floppy disks, writeable compact disks or the hard drive of a personal computer. They enable the user to make, play and distribute illegal copies of video game software which violates Nintendo's copyrights and trademarks. These devices also allow for the uploading and downloading of ROMs to and from the Internet. Based upon the functions of these devices, they are illegal.

    Can Websites and/or Internet Content Providers be Held Liable for Violation of Intellectual Property Rights if they are Only Providing Links to Illegal Software and/or Other Illegal Devices?

    Yes. Personal Websites and/or Internet Content Providers sites That link to Nintendo ROMs, Nintendo emulators and/or illegal copying devices can be held liable for copyright and trademark violations, regardless of whether the illegal software and/or devices are on their site or whether they are linking to the sites where the illegal items are found.
    So, now appears playing even obsolete Nintendo systems like NES or GameBoy with emulator like FCEUX or VirtualBoyAdvance on your PC is considered ILLEGAL by Nintendo?!? I've heard several websites hosting games for vintage game systems like CoolROM was even forced to remove all ROMs made by Nintendo, as this includes even systems from 80s and 90s like NES and SNES that you truly CANNOT play on modern TVs and cannot find anymore in any shop AT ALL! NES and SNES physical consoles ran on TVs that has resolution 256 x 240 and was CRT (and wasn't LCD / LED), while todays's TV are 1366x768 (at 2-3 years ago) or Full HD (consider how you could connect and play an authentic analog Nintendo console with cartridge on modern TV that have only digital input / outputs???), as tendency is TV standards to migrate to displays with higher resolutions - many TVs today are FullHD (1920x1080) as some are even 4K (3840x2160) nowadays, and there might be even 8K (7680x4320) as standard after while... It's interesting how to play low-resolution NES games on TV that don't have lower resolution? It' could look either pixelated like hell (unless you play ROMs on a PC NES emulator that has filter for double / triple size of original resolution in case you have larger resolution or a Retina Display) or will be terrible small so could not watch the game normally at all on that large resolutions on current TVs...

    Seems after several years there might be NO more Nintendo ROMs for download. Also it might be moment when Nintendo could decide to force down any emulators for Nintendo Systems because this will force people to play their games only on consoles, but not on PC. One person had made remake of original NES Super Mario game as a level Editor that ran under Java and was good and had a lot of features. But about two weeks ago author got warning by Nintendo and he was forced to SHUTDOWN both download of his editor and his website related to his Java Super Mario Editor program, so now that editor CANNOT BE DOWNLOADED anymore. Seems if Nintendo forces to shutdown projects for programs letting playing any their game on PC, you're NO-GO AT ALL... Shame...

    Good is least for now Sony don't forces down downloading ISOs for their obsolete older Playstation systems (PlayStation 1 / Playstation 2 / PlayStation Portable), same with Sega - they also don't hunt down free downloading of their games ROMs for their obsolete console systems like Sega Master System, sega 32X or Sega Genesis systems... On emulation sites that has removed all Nintendo ROMs for even oldest systems, Sega game titles for older obsolete systems are still available for free download, as they aren't taken out at all... even though Sega seems to currently has releases remakes of their classics Sonic the Hedgehog from early 90s for touchscreen devices like Android...
    Last edited by Unicode; 03-05-2016, 03:08:32 PM.

  • #2
    That's a BIG problem for almost all of us!!!
    Learning how to hack real life

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    • #3
      This makes me feel old but I knew this was old. Here's a similar page from 14 years ago.

      http://web.archive.org/web/200206090...aqs/legal.html

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      • #4
        This has been the case since forever. Whether it's wrong or right, I don't know how it can be shocking at this point.

        Edit: Nintendo taking down CoolROM seems to be a new-ish development, but it's a well-established fact that all of of the console makers and game publishers have the legal high-ground versus sites like that. It's just a matter of whether or not they decide to exercise their rights. As silly as it seems, Atari could still take you to court over distributing ROMs of E.T. or that game where Custer rapes a Native American.
        Last edited by Pyriel; 03-03-2016, 01:12:47 PM.

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        • #5
          Ignore Nintendo, they hate everything and control everything, they suck. They waaaaaahed about Game Genie back in the day, they waaaaaaaahed about this and that, they waaaaaaaaaah about people having youtube channels that in any way show anything about their games or characters in their games, they wah wah wah about everything, cruising around the internet in their waaaaaambulance. As great as many of the games on their consoles have been over time, their attitude towards everything just sucks, they are the nazi control freaks of consoles. You do what you want with what you buy, it's your money and screw what they want.
          Last edited by bungholio; 03-04-2016, 01:03:25 PM.
          July 7, 2019

          https://www.4shared.com/s/fLf6qQ66Zee
          https://www.sendspace.com/file/jvsdbd

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          • #6
            Their crusade against LPs and Youtube was/is completely senseless. The rest of it is kind of understandable.

            In part, Nintendo was able to dominate because the right to publish for their consoles was so tightly controlled. During the early 80s, Atari, Coleco, Magnavox, and other companies accidentally invented shovel-ware and completely fell in love with it. It just took 20 years (give or take) for us to invent a term for what they were doing. The crate-loads of awful titles produced to turn a quick buck played a sizable role in the video game crash around then. So when Nintendo started up, they refused to let anybody publish without approval in an effort to keep quality up. It generally worked, and they got used to having final say regarding what products could be sold for their consoles. Then Galoob comes along with a dodgy add-on device that Nintendo wasn't about to allow for myriad reasons, and it was possibly the biggest challenge they'd seen to their iron-grip on publishing and peripherals. At least it was the biggest challenge in terms of products you could get at Toys 'R Us, anyway. And they had a bit of a cow.

            I'd guess that when Nintendo came up with the genius idea of litigating or threatening litigation against Youtubers, it was just another evolution of that policy of total control over IP and their brand. It seems to be the real core of their corporate philosophy.

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            • #7
              Thanks, seems things aren't much serious like I thank...

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              • #8
                Guys, sadly, I think good old times where was possible playing Nintendo's system ROMs is longer gone...

                Until 2015, there was plenty of various sites do get game ROMs and it was possible to play these in an emulator without any major issue. But since 2016 (Nintendo releasing their NES / SNES Classic Mini consoles), Nintendo has made several copyright strikes and majority of the sites hosting ROMs for various their's systems (like NES, GameBoy/Color, SNES, NDS, 3DS) has been striked down! Since then, they're no longer offers any Nintendo ROMs / games at all. I found this the last such action by Nintendo's side was in January 2021...

                Most frustrating fact is, they also removed / denied fan made ROM hacks, using their assets, and various games and editors (mainly related to Super Mario Bros. series) as well... They was shutdown too! And I can't seem do find anyone that has won over Nintendo when coming to copyright rights... Seriously, appears fans are ALWAYS LOSING and Nintendo ALWAYS WINS when comes to their copyright policy, 100% of time!

                So, I have just deleted all my NES, Game Boy and SNES collection from my GoogleDrive. I also deleted emulators I've used (FCEUX, VisualBoy Advance, BSNES). Appears the most known NES emulator FCEUX might is also a victim and is abandoned because there's no update for it since ver. 2.2.3 released back in 2016.

                So, RIP favorite NES games: no more Super Mario Bros, Contra / Super Contra, Mega Man 1-6, Castlevania 1-3, / Gradius, Bomberman, Adventure Island 1-4... I will miss these forever... RIP SNES favorite games too: no more Super Mario AllStars / World, Super BomberMan 1-5, Mega Man 7, Mega Man X-X3, Space Megaforce... And I have played these since 2006-2007... Sorry guys, I don't want trouble - appears trying do win against Nintendo's copyright is NOT GOING to work at all, as what happened with various fan made projects...

                I will keep my Sega Genesis collection, and might I also go to play SegaCD and Sega Saturn, and PSX (first Playstation) and PS2 (PlaySation 2) games as well, since ISOs for these platforms are still present and available in many sites, as Sony and Sega doesn't seems do be against playing games for their obsolete systems on PC, unlike Nintendo's awful copyright...
                Last edited by Unicode; 05-10-2021, 05:00:28 PM.

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