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Nintendo Piracy Games

Nintendo's Offensive, Tragic, and Totally Legal Erasure of ROM Sites (vice.com) 334

"The damage that removing ROMs from the internet could do to video games as a whole is catastrophic." From a report: In July, Nintendo sued two popular ROM sites, LoveROMS and LoveRetro.co, for what it called "brazen and mass-scale infringement of Nintendo's intellectual property rights." Both sites have since shut down. On Wednesday, another big, 18-year-old ROM site, EmuParadise, said it would no longer be able to allow people to download old games due to "potentially disastrous consequences." Nintendo owns the intellectual property for its games, and when people pirate them instead of buying a Nintendo Super NES Classic Edition or a downloading a copy from one of its digital storefronts, it can argue it's losing money. According to Nintendo's official site, ROMs and video game emulation also represent "the greatest threat to date to the intellectual property rights of video game developers," and "have the potential to significantly damage" tens of thousands of jobs. Even when a Nintendo game isn't for sale, it's still the company's intellectual property, and it can enforce its copyright if it wants.

But the damage that removing ROMs from the internet could do to video games as a whole is catastrophic. Many game developers and people who have otherwise made video games a major part of their lives, especially those who grew up in low-income households or outside a Western country, wouldn't have been inspired to take that path if it wasn't for ROMs. Entire chapters of video game history would be lost if ROMs and emulation didn't preserve games where publishers failed to. And perhaps most importantly, denying people access to ROMs makes the process of educating them in game development much more difficult, potentially hobbling future generations of video game makers.

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Nintendo's Offensive, Tragic, and Totally Legal Erasure of ROM Sites

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  • by Anonymous Coward on Friday August 10, 2018 @01:54PM (#57103300)

    IP Protection laws need to be on a "use it or lose it" basis. If you're no longer producing or providing the ability to use an IP, you lose it to the public domain.

    IP Protection laws are meant to protect profits derived from innovation. Once the innovation is finished and there are no more profits to protect, you're done.

    That's the way it ought to be.

    • Atari has a 2600 reboot, Nintendo has NES Retro and SNES Retro, and there's a Sega Genesis Flashback console as well. All in stores now!

      • by Z80a ( 971949 )

        All with 1% of the total game library of those systems, and sometimes running em really badly, such is the case of the Genesis flashback.

      • It's marketing catering to a 30-something and 40-something mid-life crisis.

        It is a bit sad that 30-somethings already want to re-live their childhood. Have things really gotten so bad?

    • by MightyYar ( 622222 ) on Friday August 10, 2018 @02:05PM (#57103382)

      This just shows that copyright terms are too long. Copyright is meant as an incentive to produce new creative works, and no one (especially a business) is significantly motivated by what might happen after they are dead. Make it roughly equal to patent protection and move on - Toru Iwatani didn't create Pac Man because he thought royalties would be paid to Namco for 90 years, he did it because Namco paid him to fulfil an immediate need they had to sell competitive arcade consoles. If they only had 5 or 10 years of protection, they still would have paid him to create Pac Man.

      • ...anyone involved with Nintendo's legal action should publicly destroy all of their own Nintendo hardware, and upload the footage to Youtube. If Nintendo wants so badly to be erased from our memories, we should certainly help them.

        It is unfortunate that I have nothing to smash.

        • Protest the destruction of illegal copies by destroying legal copies? Great argument for video game preservation there.

      • If they only had 5-10 years of protection I'd never buy a new game again. I have games I've purchased already that I've owned for that long without getting around to it. There are 40+ years of home video game releases, and 75-90% of them would be public domain if you had your way. Where's the incentive to buy if there is so much available for free?

      • by reanjr ( 588767 )

        While copyright IS too long, suggesting that copyright length is impacting video games like Pac-Man assumes a copyright term that is too short. Pac Mac is barely old enough to run for President. I think it has a few more years of shelf life for its creators.

      • by reanjr ( 588767 )

        You know triple A game titles nowadays sometimes take 5-10 years to develop? So, if you start releasing early marketing materials, your game's assets are essentially out of copyright by the time you hit your first year of sales. That's fucking stupid. Perhaps think about why we have copyright in the first place, rather than how you can get your cheap, grubby hands on free shit.

    • by farble1670 ( 803356 ) on Friday August 10, 2018 @02:07PM (#57103400)

      IP Protection laws need to be on a "use it or lose it" basis. If you're no longer producing or providing the ability to use an IP, you lose it to the public domain.

      Agreed. What do you think is a better course of action to achieve that end?

      1. Lobby lawmakers.
      2. Play a bunch of games you downloaded and didn't pay for.

      I'm guessing most freedom-fighters here opt for option 2.

      • by Anonymous Coward on Friday August 10, 2018 @02:36PM (#57103640)

        Agreed. What do you think is a better course of action to achieve that end?

        1. Lobby lawmakers.
        2. Play a bunch of games you downloaded and didn't pay for.

        I'm guessing most freedom-fighters here opt for option 2.

        Fun fact. I tried that once. Wrote a letter. Sent it to my Congressman. Guess who he was? Mike Pence. Got a pretty cordial letter, all things considering. Basically regurgitated the importance of copyright without really at all addressing my concerns.

        I understand your position. The only realistic chance I have of seeing a change where I live would be to run for office. I think even optimistically I have no chance of winning, but at least in theory that could drive what candidate had a chance of winning. I doubt it'd change copyright law substantially the way I want (14-20 years max) in my lifetime, though.

      • pro-corporate, anti-consumer, anti-worker bias. From our basic gov't structures to our media to our culture as laid out for us. It's easy to get discouraged, especially when you have to make a living doing actual work as opposed to living off the proceeds of your dad or granddad's work.
    • Innovation != Profitable. I wouldn't add that requirement.

      Maybe what we need is a squatters type of law. If the IP is really abandoned, claim adverse possession. If the owner doesn't refute by the allowed time, it goes public domain.
      • by mysidia ( 191772 )

        If the IP is really abandoned, claim adverse possession. If the owner doesn't refute by the allowed time

        That's cute, but your copyright on a work is not "property"; It is a set of exclusive rights over X granted to you by the federal government,
        so it is not subject to state laws that typically govern real-estate (Real Property) or even Personal Property; Although the feds have provided processes
        by which you can transfer away your right Or confer to someone else permission to use your rights by

    • by ls671 ( 1122017 )

      IP Protection laws need to be on a "use it or lose it" basis...

      Hey! I have got a copyright on this term since 9/9/99, see proof here:
      https://slashdot.org/moderatio... [slashdot.org]

      -CmdrTaco

    • Nintendo makes tons of fucking money every time they re(-re)+lease one of those old games.

    • by msauve ( 701917 )

      IP Protection laws need to be on a "use it or lose it" basis.

      Absolutely not. Terms should simply be shorter. It's a perfectly legitimate marketing strategy to make things unavailable for some time, then re-release them to a new generation. Disney did it for years, their movies going in and out of distribution. That's not do say that Disney isn't also evil - they're a large part of why terms are unreasonably long.

    • by reanjr ( 588767 )

      You mean how Nintendo continues to release classic game consoles including old games from the 80s? That sort of "use it"?

  • but's it's ok for Nintendo to use emu work done from ines and others in there own systems? or even used dumped roms from others (as if they lost there own roms)

    • but's it's ok for Nintendo to use emu work done from ines and others in there own systems?

      If they are using it,

      1. They are paying for it. Can you see the difference between that and NOT paying for something?
      2. They are not paying for it. In which cause the author has a clear legal case against them.

      or even used dumped roms from others (as if they lost there own roms)

      What does the even mean. Link something.

      • by Junta ( 36770 )

        https://www.eurogamer.net/arti... [eurogamer.net]

        It's funny, but at the same time they are perfectly within their rights to download from a site for their use, and even sue that same site for infringement. They are the copyright holder after all..

        • It's funny, but at the same time they are perfectly within their rights to download from a site for their use

          Um, yes? They own the copyright. Are you suggesting that someone can violate a copyright they themselves hold by using their own IP?

          • by Junta ( 36770 )

            My point was simply that it is a funny thing because they on the one hand obviously were helped by the sites, but also want to shut them down. It's not about copyright ownership and rights, it's about the weirdness of the situation.

      • It's bullshit. The ROM files for the NES and SNES Classic Edition consoles use a common header format.

        People are crying that Nintendo is using ROMs from the internet as their source. That's bullshit.
        People are crying that Nintendo is stealing the work of emulator developers. That's also bullshit.

        Nintendo has access to everything they've published on their platforms and they have their own, in-house emulators.
        One of the big deals with the release of these Classic Edition consoles, and the release of StarF

    • It's a classic court case. A steals from B, and then A makes the stolen item better... B is awarded the better item in the end.

  • by hcs_$reboot ( 1536101 ) on Friday August 10, 2018 @02:02PM (#57103366)
    is a global boycott.
    • up there with Blizzard & Bethesda fans. So I don't think that's likely. I'm not sure if this will turn out for them. Give it a few months and the sites will be back minus Nintendo properties. As it gets harder and harder to get Nintendo games they'll lose generations of gamers. Meanwhile anyone who turns the proverbial blind eye will garner those.

      For me, I've got so many games I don't know what to do with them. Nintendo is vying for my time more than ever while putting out kind of mediocre stuff. I
    • by reanjr ( 588767 )

      Wish people were boycotting Nintendo last year when they released their NES Classic. That shit was impossible to get your hands on...

    • The sheep just don't care enough.

      As far as these ROMs, I had an original NES back in the 80's, I had a large collections of games I paid full price for back then, that are long since disposed of, broken, thrown in the garbage whatever. Why should Nintendo care if I want to fire up a 30 year game to play for 30 minutes to stroke my nostalgia before going back to a modern game. It's not like I'd pay enough for the experience to be worth their while.

      On the other hand, I have 2 kids who are too young f
    • is a global boycott.

      Why? Nintendo is a poster child of a company that doesn't troll old works out of existence using IP laws and instead continuously updates and republishes and makes available its IP.

      I'm generally against the takedown of old works, but Nintendo doesn't have old works, just a current active library.

  • 1) Remove anything published by Nintendo itself. That's what got the rom sites sued. Nintendo did not care about anyones's IP except theirs.
    They are enforcing their copyrights and trademarks and their trademarks are still in active use. There are MANY nes and snes games that ninentendo did NOT publish and has no particular stake in.
    2) If you get a letter from a copyright holder asking you to take something down you take it down, thats not rocket science it may even be basic courtesy.
    If a copyright holder i

    • Re: (Score:3, Informative)

      by Junta ( 36770 )

      There are MANY nes and snes games that ninentendo did NOT publish and has no particular stake in.

      Not true. For example, the NES classic edition has Capcom, Konami, Square, and others. They have a stake in it. Also, I would presume they also have some copyrighted material even in third party roms (e.g. library code) so they also almost certainly have a right.

      If a copyright holder is active then its not abandonware.

      It's worthkeeping in mind that abandonware is not a legally recognized thing. The holder of the rights can at any point decide to go after it.

      Only the original copyright holder has the right to make money off these roms.

      Financial gain is not a requirement to be sued for violating copyright.

      • They have a stake, but no standing to sue over those.

        • by Junta ( 36770 )

          I'm skeptical that Nintendo wouldn't have any copyrighted content of the licensed games. Someone may more authoritatively come in and say 'no, Nintendo provided no code to be included with games', but it seems probable they had some sort of library code that game developers would have included.

  • and yet rom/emulation may of saved a lot of stuff even maybe helped start off the barcade market.

  • I purchased a Nintendo Super NES Classic Edition and I use emulators regularly. Not only did the SNES CE have a more comfortable form factor BUT it was a way of giving back to the company which made the games in the first place. Nintendo also had not doing been all that well financially of late so I bought one despite personally loathing the company because of issues like this. I also bought a Raspberry Pi around the same time to emulate platforms and games for which emulation are not readily available. I c

  • why can't we just buy the rom? and not be forced to use there crappy emulator?

    There are lot's of poor paid emulators out there that suck next to the free ones that do more. Also there are people with flash carts that want to use real hardware as well.

    • >"why can't we just buy the rom? and not be forced to use there [sic] crappy emulator?"

      I support reasonable copyright laws (ours have become overkill now), but it is a crazy position for Nintendo to "protect" intellectual "property" which they no longer license or sell to the public. I believe there should be a grace period of a few years or something, and if a company no longer sells or licenses their "property", they forfeit it and it should go public domain, or at least some type of public, non-comme

    • If there's no DRM, then the DMCA in the US says it's completely OK and legal to copy those ROMs onto a PC and run them with your emulator of choice (personal backup copy, format shifting).

  • Steam has so many free games... my favorite game DOTA is free and after thousands of hours only gets more fun.
    People get attached to free stuff and like the Buddhists say attachment is the source of all suffering. It sucks to lose but lets not blow things out of proportion.

    There are so many free games on pc and cell phone and tablet people dont need your childhood games.
    I get it I love mario too but the industry will survive without a new generation playing mario. its an old outdated game and id never be ab

    • by Z80a ( 971949 )

      Those free games you talk about are virtual casinos, not actual games.
      Also we don't burn old books or old movies "because they're outdated", but we're allowing the game industry to burn the old games.

  • by Solandri ( 704621 ) on Friday August 10, 2018 @02:18PM (#57103508)

    Nintendo owns the intellectual property for its games, and when people pirate them instead of buying a Nintendo Super NES Classic Edition or a downloading a copy from one of its digital storefronts, it can argue it's losing money. [...] Even when a Nintendo game isn't for sale, it's still the company's intellectual property, and it can enforce its copyright if it wants.

    Emphasis mine. If they're not selling the game, then they can't be making money off of it, so obviously they can't be losing money due to copyright violations. The purpose of Copyright is "to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries."

    If Copyright is preventing progress of the useful arts by allowing a copyright holder to block distribution of a pre-existing work by both not selling it and preventing its illegal distribution, then that's evidence that the duration of Copyright is too long. Copyright duration is so long that it is no longer financially viable for the copyright holder to continue to distribute the work, yet because they still hold the Copyright they can prevent others from distributing the work to "promote the progress of the useful arts."

    It's been suggested before, but Copyright really needs to move to a dynamic duration rather than fixed. The point of Copyright should be to allow a content creator to profit from their work, but once public interest has waned and the profit motive has mostly disappeared, the Copyright should expire. Give everything a 10 year initial copyright. At the end of 10 years, the copyright holder can elect to renew it for another 10 years by paying a fee. The amount of the fee should increase with each renewal - something like

    $1000 the first extra 10 years (expires after 20 years)
    $3200 the next 10 years (expires after 30 years)
    $10k for the next 10 years (expires after 40 years)
    $32k for the next 10 years (expires after 50 years)
    $100k for the next 10 years (expires after 60 yearsl)
    $320k for the next 10 years (expires after 70 years)
    $1 million for the next 10 years (expires after 80 years)
    $3.2 million for the next 10 years (expires after 90 yearsl)
    $10 million for each subsequent 10 years (100+ years)

    That would have the effect of flushing out financially unviable copyrighted works into the public domain rather quickly, while allowing hugely successful works like Disney's to continue indefinitely as long as they're making money from it. The way current Copyright durations keep being extended, some works are so old and lost from public awareness that the only copy is held at the U.S. Copyright Office. That makes us vulnerable to one of the greatest losses of historical intellectual property since The Library of Alexandria burned down [wikipedia.org].

    (Hmm, I suppose an easier way would be to require that after the initial 14 year term (the original duration set in 1790), in order to retain copyright up to its current maximum duration, the copyright holder must continue to offer the work for sale.)

    • I see no reason to give any advantage to the entertainment cartel by letting Disney and similar get to circumvent the original intention of copyright.

      The original intent was to let the creator make profit for a time, but then for the work to have the opportunity to become part of the culture, part of what the public owned.

      Our cartel thugs with lawmakers in their pockets need a purge.

    • by Nidi62 ( 1525137 )

      Nintendo owns the intellectual property for its games, and when people pirate them instead of buying a Nintendo Super NES Classic Edition or a downloading a copy from one of its digital storefronts, it can argue it's losing money. [...] Even when a Nintendo game isn't for sale, it's still the company's intellectual property, and it can enforce its copyright if it wants.

      Emphasis mine. If they're not selling the game, then they can't be making money off of it, so obviously they can't be losing money due to copyright violations.

      Disney Vault. Especially with the success of the NES/SNES classics, Nintendo is going to sit on the IP for a few years, clamp down on alternate methods of playing the old games, then rerelease the games for sale on different mediums. It's just like what Disney does with their movies where they go on sale for a few months and then wait a couple years before releasing them.

    • also can't change big fees for software to repair / restore images.

      Let's say I have an arcade game that the HDD / sd card fails on. I should be able to download an image and not pay $50+ for an new SD card or pay for an NEW HDD from them with an markup.

    • Copyright was never intended to be extended. That more than anything else has completely crippled the entire point of copyrighting works. Until the extensions Disney keeps winning stop, we'll never see rational and reasonable copyright law.

      If it was kept at 20 years like it was intended, all would be fine and good. The founding fathers had great insights on how to run a country, and every time we tinker with the original vision, our country becomes weaker.

    • I think it should work in different way. Works should automatically go into public domain as soon as tax filings confirm that it brought the amount of revenue equal to its production cost + 30% profit. This will ensure that both creators are compensated and that there is no excessive restrictions once they got their fair payment.
    • they've largely corrected their mistakes with the NES & SNES mini and made them accessible. The WII and WII U virtual consoles are even still up and running and you can buy games. Sega makes a lot of games available on steam and even allows modding.

      But also to be fair, there's some real classics (Panzer Dragoon Saga comes to mind) that are the video game equivalent of unobtainium...
  • The hyperbole in TFS is insane.

    The damage that removing ROMs from the internet could do to video games as a whole is catastrophic.....Many game developers made video games a major part of their lives....denying people access to ROMs makes the process of educating them in game development much more difficult, potentially hobbling future generations of video game makers.

    Bullshit. Old Nintendo ROMs aren't teaching anyone about game development other than how to try to work around horrific hardware limitations. Limitations that even the phone in my pocket doesn't have today.

    I'm sorry. I've tried go to back to the games that I loved from yesteryear, and most of them were absolute rubbish. If all the Nintendo ROMs go away today, there will be no significant impact to the world. There have been thousands of derivative works since that time, and t

    • Bullshit. Old Nintendo ROMs aren't teaching anyone about game development other than how to try to work around horrific hardware limitations. Limitations that even the phone in my pocket doesn't have today.Sure, you might be a collector, but to ascribe to them the level of importance to the art that TFA does to ROMs is asinine.

      you have to remember that these emulation sites are aspie-heavy. And yes they're the sort of guys who say things like that because THEY are still obsessed with NES Tetris or Concentration and spend hours upon hours making their Tetris clones or Concentration clones. To them Tetris or whatever is their obsession and the Most Important Game in the Universe and everyone should know that and it's a horror that the Tetris Company doesn't let their Aspie fans do whatever they want with their IP.

  • Nintendo just helped provide a huge additional use case for hidden services though.

    The ROMs are also everywhere if you know where to look.

    Neither of those will help Nintendo make more money, of course. Silly Nintendo.

  • But the damage that removing ROMs from the internet could do to video games as a whole is catastrophic.

    If you believe this, I pity you. Just because these sites are getting nuked by litigation (or threat of) means nothing to ROM's being available online. It's the typical software piracy scenario, for every site they quash, 10 more will take it's place.

    Also, all these ROMs are pretty easy to get via torrents. Claiming the sky is falling when it isn't is pretty old and worn out. Nintendo is perfectly in the right to be attacking these sites, but if you or they think it's going to stifle the availability of

  • The popularity of ROM sites shows how much money there is to be made by companies selling these titles again (along with of course the popularity of the new NES, SNES, Genesis, Atari, etc ... consoles and the money Nintendo has made on virtual console). They just need to decide how they want to do it. If there is a way to buy these, I'll give them my money and I'll even agree with them on the lack of validity to the "victimless crime" argument. But if I can't buy a working copy of Battletoads (amongst ma
    • >The popularity of ROM sites shows how much money there is to be made by companies selling these titles again (along with of course the popularity of the new NES, SNES, Genesis, Atari, etc ... consoles and the money Nintendo has made on virtual console). They just need to decide how they want to do it

      Hardware costs continually drop. If I were running one of these places, every 20 years I'd sell a controller that had all the games 20 years and older built right into it and had the latest multimedia outpu

  • But Nintendo, Disney, and others own pieces of your childhood. Your childhood doesn't entirely belong to you.

    CONSUME

  • It just means the people who onesy-twosy'd ROMs from these sites need to just make like more savvy pirates and just pull the entire NES/SNES/GBA/DS/N64/etc etc libraries from Bittorrent.

    Yeah, it's nice to just pick out what you want and get it, but the entire library of every NES/Famicom game ever released (including some that weren't!) is a commanding...50 or so MB. Just do a one-and-done torrent for each system and throw it on a thumbdrive or in your cloud storage (with a password protected archive) or bu

  • If we limited copyright terms to instead of 3 LIFETIMES (life of author plus 150 years) to say... 10-20 years. The constitution, which doesn't directly mention copyright but "securing for limited time exclusive right to authors..." I don't think anyone would say three lifetimes counts as a 'limited' time.
  • by Rick Schumann ( 4662797 ) on Friday August 10, 2018 @03:44PM (#57104070) Journal
    Having worked in a previous life in the arcade game industry repairing coin-op games, I can tell you that all you really need to do if you need ROM images for an old coin-op game (if it's a coin-op game we're talking about that is) is to locate one of the companies still around that can repair them, and buy a set of replacement ROMs, then find someone with a chip programmer to read them out to binary files for you. Who you get the ROMs from might even be so nice as to give you image files of them. It's not like there's any copy protection on the ROMs/EPROMs themselves, they're just memory devices. Console game ROMs could be obtained from their original hardware sources with slightly more difficulty, but it's still relatively trivial, all you'd really need is a chip programmer and some basic soldering skills.

    Also Nintendo is attempting to close the barn door long after the horses have left, moved on, started over, raised families, had grandchildren, and settled into retirement; never forget that once something has been out on the Internet, it's there forever, someone else will have them. All Nintendo has done is driven the source(s) of them underground.
  • Many game developers and people who have otherwise made video games a major part of their lives, especially those who grew up in low-income households or outside a Western country, wouldn't have been inspired to take that path if it wasn't for ROMs.

    Many people who didn't grow up with a yacht wouldn't have been inspired to take up naval architecture or oceanography. That doesn't mean you're entitled to a yacht.

    People seem to forget that just because you want something doesn't mean you're entitled to it.

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