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ReyVGM

Author - NES Endings Compendium
Verified
Oct 26, 2017
5,436
It's popular knowledge that during the NES era, Konami created the publishing company Ultra games to bypass Nintendo's rule of only allowing 5 games per year, as a way to deter companies from releasing shovelware and only focus on the best releases. This was to avoid what happened with the Atari 2600, which had so many uncontrolled releases with awful games, that crashed the U.S. video game market.

However, I have a problem with that "fact", and it's that there's no proof of that (as far as I know?). I've never seen official confirmation that Konami created Ultra (or Palcom, the European version of it) for the purpose of bypassing that rule, or even confirmation that the "5 game a year" rule was in place at all after the NES launched in the U.S.

Here's my reasoning based solely on the info I have, and hopefully someone with more resources can investigate and put this "fact" to rest:

  • Between 1987 and 1991 Konami released between 10 and 15 NES games per year under their name. They would have not been able to release so many games per year if that rule was in place.
  • Ultra didn't start releasing games until 1988, and Palcom until 1990. I really doubt Nintendo would implement that policy solely to Konami and two years after the NES was already a hit forcing Konami to create those subsidiaries.
  • No other prolific company created publishing branches like Konami did. Between 1988 and 1990, Capcom released between 6 to 8 games per year. Acclaim released 7, and Gametek released 6 in 1990. Several other companies released over 5 games too. They wouldn't have been allowed to release so many games if the rule was in place.
  • If Ultra games existed solely to bypass that limit, why did Konami additionally create Palcom to publish games too? Palcom was used to publish in Europe, but Konami still published games under their name in Europe too. And Palcom/Ultra published well into the SNES era too, where that alleged rule didn't exist. So what was the purpose of that branch so late in the game?
  • If the rule existed, which was prompted Konami to create Ultra in the first place, then why was that rule never enforced for anyone? And if the rule never existed or was never enforced, then why did Konami create Ultra at all?

To conclude, I think it's bollocks that Konami created Ultra to bypass that alleged 5-game limit. If there was a limit in the first place, it was probably in very early on and was quickly deprecated before companies could even make 5 games year, or before it really affected any publishing house.

Judging by how other companies released over 5 games per year without resorting to creating other publishing houses, I think this "fact" is just an urban legend and Konami just created Ultra for other reasons not related to any limit.
 

Derachi

Member
Oct 27, 2017
7,699
Time to hit the library and find a copy of Game Over: How Nintendo Conquered the World by David Sheff. I believe it goes into great detail about this, if I remember correctly.
 

onpoint

Neon Deity Games
Verified
Oct 26, 2017
14,930
716
As far as my knowledge of it, including reading Game Over as mentioned above, it's a real thing.
 

MrCunningham

Banned
Nov 15, 2017
1,372
Yes, it was a real limit. If it wasn't, Konami would have not created the Ultra label. Though, I think the limit of games they could make went up to 10 at some point.

Keep in mind that all licensed third party Nintendo cartridges were produced in Nintendo's own factories. They would not allow third party publishers to make their own catridges, because Nintendo used lock-out codes that they were unwilling to give to other publishers. So third party publishers had to give Nintendo up front fee's, and Nintendo would manufacture the cartridges in their own factories.

Here is a great Frontline video from 1991 that goes into details about Nintendo's monopoly that they had over retailers in the mid to late 80's to 90's.

 

tolkir

Member
Oct 25, 2017
4,252
That rule existed in Japan the first years to prevent an Atari situation with too many trash games. Only big publishers could release more games because they complained to Nintendo.
I don't know if it was introduced in USA that rule.
 

GART9000

Member
Feb 23, 2019
80
I'm pretty sure Konami wasn't the only company to make a dummy one to put more games out.
 
OP
OP
ReyVGM

ReyVGM

Author - NES Endings Compendium
Verified
Oct 26, 2017
5,436
Yes, it was a real limit. If it wasn't, Konami would have not created the Ultra label.

Here is a great Frontline video from 1991 that goes into details about Nintendo's monopoly that they had over retailers in the mid to late 80's to 90's.



You didn't read my OP.
Konami and every other company violated this rule. Konami didn't need Ultra because Konami themselves under their name were publishing OVER 10 games.
 

Deleted member 249

User requested account closure
Banned
Oct 25, 2017
28,828
The limit was a real thing, but iirc it wasn't actually enforced all that much after a couple of years.
 

MrCunningham

Banned
Nov 15, 2017
1,372
You didn't read my OP.
Konami and every other company violated this rule. Konami didn't need Ultra because Konami themselves under their name were publishing OVER 10 games.

Yeah, I edited my post. I think you are right, that Konami created the Ultra brand when the limit was a hard 5 games. But the limit was changed many times. I think Nintendo may have also been less lineate on the more well known third party publishers like Konami. Since they generally produced the best selling games on their console.

But I think that limit was put in place to avoid flooding the NES with bad and unlicensed games, also there were some ROM shortages through out 87-88 too.
 
Last edited:

Platy

Member
Oct 25, 2017
27,647
Brazil
All I know is that the limit was real, Nintendo was an asshole at that time and Tengen had balls of steel.
 
Oct 25, 2017
11,573
The b publishers also seemed to be where companies could dump titles, often licensed or ifty without diluting the main brand.
 

hikarutilmitt

Member
Dec 16, 2017
11,409
I like how the wikipedia article even mentions the 5-game limit but there is plenty of proof otherwise.

One trend I noticed in the releases, up until Base Wars, was that all of the games were ports and licensed games. I'm wondering if it started that way and was slowly worked into a sort of B group of developers or made to maybe appeal more to the western markets while Konami proper published their "more Japanese" games.
 

JamboGT

Vehicle Handling Designer
Verified
Oct 25, 2017
1,446
Is this not the same reason you saw games published by NAMCOT?
 

Deleted member 249

User requested account closure
Banned
Oct 25, 2017
28,828
Then why was Ultra created if the rule was never enforced.
I believe there were two reasons, but this is more speculation on my part than anything:
  • The optics. Nintendo selectively enforced the rule and played favorites with third parties, this was well known back in the day (for instance, in Japan, Capcom and Konami were both allowed to manufacture their own cartridges, and Namco had lower royalty rates until 1989); while Konami was still allowed to bypass the limit, Nintendo needed plausible deniability among others in the third party community, and
  • If I am not wrong, Ultra Games was set up very early in the platform's life cycle, and at that point the limit was enforced.
 

Gentlemen

Member
Oct 25, 2017
9,508
If the OP's hypothesis is correct and the 5/year rule was not enforced, what other reasons exist that explain the need to create Ultra/Palco? Did Konami simply
"localize" their publisher name, wishing to avoid a "Japanese" sounding name in overseas territories? Post-creation what was the ratio of strictly 'Konami' to 'Ultra/Palco' titles released abroad? It's all just so weird absent an enforced regulation from Nintendo or some other third party.
 
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ReyVGM

ReyVGM

Author - NES Endings Compendium
Verified
Oct 26, 2017
5,436
I believe there were two reasons, but this is more speculation on my part than anything:
  • The optics. Nintendo selectively enforced the rule and played favorites with third parties, this was well known back in the day (for instance, in Japan, Capcom and Konami were both allowed to manufacture their own cartridges, and Namco had lower royalty rates until 1989); while Konami was still allowed to bypass the limit, Nintendo needed plausible deniability among others in the third party community, and
  • If I am not wrong, Ultra Games was set up very early in the platform's life cycle, and at that point the limit was enforced.

In Japan Nintendo was not strict with that carts, sunsoft created their own carts too I believe. Nintendo trusted Japanese devs, they didn't trust western ones.
 
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ReyVGM

ReyVGM

Author - NES Endings Compendium
Verified
Oct 26, 2017
5,436
Changing the options to publisher only, NES, and North America lists 5 games for every year from 88 - 91, which was the era when they were enforcing it. Ultra was created in 88.

Count again, in 1987 I counted 7 Konami published games in the USA. In 1988 I counted 6.
 

MrCunningham

Banned
Nov 15, 2017
1,372

LJN was notorious for making shell brands. LJN owned the Flying Edge label, which was their branch for publishing Sega Master System and Genesis games. because back then, Nintendo held console exclusivity over third party publishers as well. But then LJN was bought out by Acclaim. Then Acclaim used the LJN brand name for their trash tier titles.
 

Absoludacrous

One Winged Slayer
The Fallen
Oct 26, 2017
3,182
Count again, in 1987 I counted 7 Konami published games in the USA.

Right, my post said 88-91. Your OP said "Between 1987 and 1991 Konami released between 10 and 15 NES games per year under their name "

The only year they published more than 5 was 87. It's likely that's when the rule came about, which is why they founded Ultra in 88.
 
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ReyVGM

ReyVGM

Author - NES Endings Compendium
Verified
Oct 26, 2017
5,436
Right, my post said 88-91. Your OP said "Between 1987 and 1991 Konami released between 10 and 15 NES games per year under their name "

The only year they published more than 5 was 87. It's likely that's when the rule came about, which is why they founded Ultra in 88.

In 1988 they published 6 games in the US.
 

MrCunningham

Banned
Nov 15, 2017
1,372
Im so glad we have healthy competition now. Both Sony and Nintendo are firing on all cylinders and it kind of feels like it's partly because of each other.

It's funny watching them complain about the prices of $60 NES cartridges back in 1991, and that the prices never budge and Nintendo rarely ever discounts their cartridges. Even though other media like VHS's would also discount their prices after a certain time frame. Howard Lincoln was a brutal man. But that's why Yamauchi liked him so much.
 

Dekuman

Member
Oct 27, 2017
19,026
It's popular knowledge that during the NES era, Konami created the publishing company Ultra games to bypass Nintendo's rule of only allowing 5 games per year, as a way to deter companies from releasing shovelware and only focus on the best releases. This was to avoid what happened with the Atari 2600, which had so many uncontrolled releases with awful games, that crashed the U.S. video game market.

However, I have a problem with that "fact", and it's that there's no proof of that (as far as I know?). I've never seen official confirmation that Konami created Ultra (or Palcom, the European version of it) for the purpose of bypassing that rule, or even confirmation that the "5 game a year" rule was in place at all after the NES launched in the U.S.

Here's my reasoning based solely on the info I have, and hopefully someone with more resources can investigate and put this "fact" to rest:

  • Between 1987 and 1991 Konami released between 10 and 15 NES games per year under their name. They would have not been able to release so many games per year if that rule was in place.
  • Ultra didn't start releasing games until 1988, and Palcom until 1990. I really doubt Nintendo would implement that policy solely to Konami and two years after the NES was already a hit forcing Konami to create those subsidiaries.
  • No other prolific company created publishing branches like Konami did. Between 1988 and 1990, Capcom released between 6 to 8 games per year. Acclaim released 7, and Gametek released 6 in 1990. Several other companies released over 5 games too. They wouldn't have been allowed to release so many games if the rule was in place.
  • If Ultra games existed solely to bypass that limit, why did Konami additionally create Palcom to publish games too? Palcom was used to publish in Europe, but Konami still published games under their name in Europe too. And Palcom/Ultra published well into the SNES era too, where that alleged rule didn't exist. So what was the purpose of that branch so late in the game?
  • If the rule existed, which was prompted Konami to create Ultra in the first place, then why was that rule never enforced for anyone? And if the rule never existed or was never enforced, then why did Konami create Ultra at all?

To conclude, I think it's bollocks that Konami created Ultra to bypass that alleged 5-game limit. If there was a limit in the first place, it was probably in very early on and was quickly deprecated before companies could even make 5 games year, or before it really affected any publishing house.

Judging by how other companies released over 5 games per year without resorting to creating other publishing houses, I think this "fact" is just an urban legend and Konami just created Ultra for other reasons not related to any limit.
This was first reported by David Sheff in his book"Game Over" which was written in the late 80s and early 90s and repeated ad naseum since

That's where.you look if you want to determine if it's true or not
 

Deleted member 426

User requested account closure
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Oct 25, 2017
7,273
It's funny watching them complain about the prices of $60 NES cartridges back in 1991, and that the prices never budge and Nintendo rarely ever discounts their cartridges. Even though other media like VHS's would also discount their prices after a certain time frame. Howard Lincoln was a brutal man. But that's why Yamauchi liked him so much.
Oh my god that's hilarious yeh I hadn't picked up on that XD
 

Absoludacrous

One Winged Slayer
The Fallen
Oct 26, 2017
3,182
Damn you! :P

But regarless of that, how did Capcom release over 5 games then? And Acclaim? And gametek?

Quick check of Capcom and Acclaim shows there was only one year they published more than 5, which was 1990. Maybe by then publishers with enough clout were able to sweet talk Nintendo into making exceptions. Makes sense, especially since by the SNES and '91 they seemed willing to relax it for everyone.
 
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ReyVGM

ReyVGM

Author - NES Endings Compendium
Verified
Oct 26, 2017
5,436
Quick check of Capcom and Acclaim shows there was only one year they published more than 5, which was 1990. Maybe by then publishers with enough clout were able to sweet talk Nintendo into making exceptions. Makes sense, especially since by the SNES and '91 they seemed willing to relax it for everyone.

That's what I would like clarity in. Was that rule at the beginning, middle or late in the NES' life? Because it seems companies were breaking that rule around all over.
 

MrCunningham

Banned
Nov 15, 2017
1,372
Quick check of Capcom and Acclaim shows there was only one year they published more than 5, which was 1990. Maybe by then publishers with enough clout were able to sweet talk Nintendo into making exceptions. Makes sense, especially since by the SNES and '91 they seemed willing to relax it for everyone.

Nintendo was really getting a lot of flack from third parties in 1990 and onwards. Especially with the growing interest in the superior 16bit Sega Genesis/ Mega Drive in the west, which was gaining popularity thanks to developers like EA, who completely avoided signing contracts with Nintendo altogether. I often here that Nintendo was approached by the FCC in the US and was forced to break their monopoly with third parties, which opened up the market for more publishers to jump over to the competing 16bit Sega console. By about 1991, Nintendo had no exclusivity contract. 1991 was the year EA became a third party publisher for the SNES. But they were still getting a better deal with Sega.
 

fiendcode

Member
Oct 26, 2017
24,911
Given how many worthwhile Konami games skipped localization (Gradius II, Crisis Force, Madara, Getsu Fuma Den, Ai Senshi Nicole, Quarth, Esper Dream 1-2, Lagrange Point, Twinbee 3, Miracle of Almana, Dragon Scroll, Boukette Upa, Cosmic Wars, etc, etc) maybe they should've startedup a 3rd label?
 

The_R3medy

Member
Jan 22, 2018
2,840
Wisconsin
I'm currently reading Console Wars by Blake J Harris, and that seemed to be a real limit. I forget which company it was that bought a second company to release more games during the SNES era, but apparently that was a tactic.
 

Mbolibombo

Member
Oct 29, 2017
7,043
Also wanna make a shout out to Palcom! Konamis european subsidiary having the same purpose as Ultra^^

Interestingly enough, They didnt always publish the same game in respective region - Castlevania 3 is Palcom in Europe but Konami in NA, Metal Gear is Ultra in NA but Konami in Europe...

so for someone like me who enjoys Konamis silver series I've had to mix and match between regions to get my OCD straight heh
 

Tempy

Member
Oct 25, 2017
3,333
Perhaps the rule differed slightly and isn't necessarily "Released in calendar year X" - it could be a manufacturing date, or the date they signed an intent for manufacturing. Or some titles simply slipped to the next year because of manufacturing delays. Or maybe it's fiscal year.
 

StreamedHams

Member
Nov 21, 2017
4,323
It's funny watching them complain about the prices of $60 NES cartridges back in 1991, and that the prices never budge and Nintendo rarely ever discounts their cartridges. Even though other media like VHS's would also discount their prices after a certain time frame. Howard Lincoln was a brutal man. But that's why Yamauchi liked him so much.
What games were 60? I though MSRP was 39.99 for NES games. I don't ever recall seeing anything higher than that...at least in the US.
 

Absoludacrous

One Winged Slayer
The Fallen
Oct 26, 2017
3,182
That's what I would like clarity in. Was that rule at the beginning, middle or late in the NES' life? Because it seems companies were breaking that rule around all over.

Well the history I can give is this:

Nes came out in 85, but you didn't really see third parties until 86, and even then not a ton. You couldn't really get NES in stores until 86 anyway, since they had a tough time convincing stores to stock them after Atari. Famicom had been out a number of years, but Nintendo didn't have any kind of security measures on the Famicom, so literally anyone could put a game on it, and much like Atari there were tons of trash. They fixed this for the NES though, so you had to go through them to get your cart manufactured.

So every year they kept opening the gates more to third parties, and by 88 they were open enough to have that hard 5 limit. By 90 that limit looks to have become a little softer, with it becoming even softer in 91 with the SNES.

I recommend checking out Jeremy Parish's works videos, which covers a lot of this (though I don't think goes into the specific rule you're asking about)