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marcbret87

Member
Apr 20, 2018
1,367
The solution here is copyright reform. This really needs to become something to make noise over.

Copyright used to exprire. Slowly over the last 70 years or so it's been expanded over and over to completely absurd levels to where content with no commercial value lies in limbo because its ownership isn't even clear.

Copyright should work like trademark law: if you can establish its ongoing commercial use, you can continue to renew it indefinitely, but if you fail to do so, it lapses into the public domain. In the digital age this really just makes sense and it's necessary for archival and preservation.

Totally on point.
 

casiopao

Banned
Oct 28, 2017
5,044
Which actually is my point. Actraiser is one of those games some people in this thread rather want should be forgotten than preserved because all who want history to be preserved are filthy pirates apparently.

Then those Rom sites should just provide those nich3 title rather than profiting by putting all the popular readily available title which will trigger big companies.

The problem is never about preservation. It is this piracy sites first and foremost objective is to profit off other property which is why they are shutdown.
 

Deleted member 5167

User requested account closure
Banned
Oct 25, 2017
3,114
1790:
- One 14-year term, renewable for ONE additional 14-year term if the author was alive at the end of the first term

1831:
- One 28-year term, renewable for ONE additional 14-year term if the author was alive at the end of the first term

1909:
- One 28-year term, renewable for ONE additional 28-year term if the author was alive at the end of the first term

1976:
- Either one 75-year term or the life of the author plus 50 years

1998:
- Either one 95-120 year term or life of the author plus 70 years

Now map those values to life expectancy of the time period.
 

marcbret87

Member
Apr 20, 2018
1,367
Has Nintendo and others ever released more than like 5% of the games on the snes on a platform? Also they usually just release the same games over and over.

I mean I think I've bought smb like 7 times since I got it on my nes?

They are doing a very poor job of preserving their old consoles library. Who cares if their doing more than other companies when their effort is F- at best.

Pretty much. I am bit on the fence on this, because after all Nintendo owns the IPs, but seriously, GC games like Super Mario Sunshine, Mario Kart Double Dash, Eternal Darkness, many other GBA/GBC games... Those haven't been re-released and they are like ~15 years old or more. It's simply their fault that they haven't made those games available to the public one way or the other. The Wii Virtual Console was a great start, but then you move to the Wii U and you start releasing games again from zero. And now to the Switch and we don't even know what the solution will be. WTF. If VC had carried on growing as a service independent of platform it would have been great, you buy the Switch and you have access to a huge back-catalogue of Nintendo games. They really need to find a better solution, though I guess selling Super Mario World "n" times for "n" platforms is a very appealing proposition.
 

personaplace

Member
Oct 29, 2017
259
To paraphrase a tweet from last week.

Me: "I want to play Super Mario Sunshine but my GameCube is packed away. I'll just download this ISO and play it on my PC."

Nintendo: "No. ROM sites are costing us millions of dollars in lost revenue."

Me: "Fine, I'll pay for it on the eShop and play it on my Switch instead."

Nintendo: "Also no."

I love Nintendo and owned every console from NES to Wii, so there's that. But god damn I'm sure glad I didn't spend money on digital games of old.

My shiny switch can't play that shit? K.
 

ACL

Member
Nov 18, 2017
1,304
So all art should be handled that way, right? Our society should just be deprived of the brilliance that was Franz Kafka because he wanted all of his works destroyed upon his death, right?

Or is art something that's more important than an individual copyright holder because it establishes our cultural heritage? Why do libraries keep copyrighted books at all when publishers go bankrupt? Why don't they just BURN them while they're at it?

Pure definition of entitlement of other people hard work. When it comes to art and literature, if the author doesn't want to share his work, or wants his work to be destroyed and forgotten, so be it. "Public domain" should only be valid when the author or legitimate right holders explicitly donate the rights to their work to the public.
 
Oct 25, 2017
8,617
Nope, the copyright act of 1790 stated that copyright lasted 14 years from the date of publication, with authors having the option to renew for one additional 14 year term.

In an ideal world, this actually seems fine to me, maybe with some added provisions that let companies maintain sole control over derivative works for an additional period even as the original work itself goes into the public domain. (This would stop random devs from slapping Mario into whatever game they want.)
I do think 14 years now a Days is completely ridiculous. Copyright law had to change with the way the world did.

First copyright law was enacted over a century before movies as a medium even existed, about two centuries from video games and the internet.
Made to protect media made by a sole author when a lot of products since are group efforts.
I do think maybe Disney takes it too far, but maybe life of the author+a couple years with caveats added like "must be available for purchase/use" or something
 

Sebastopa

Member
Apr 27, 2018
1,782
Just because Apple Music started being a thing didn't mean my iTunes purchases from the last 15 years went up in smoke. Meanwhile if my Wii's memory gets wiped 9 months from now, that's it, all my purchases are gone forever.

If you want to defend Nintendo selling me that same SMB3 ROM every generation or putting it behind a subscription despite me having bought it from their online services twice previously, then this conversation is over. Apple figured this shit out 15 years ago and if Nintendo don't want to oblige and do the right thing by their most loyal customers, my sympathy for them and their IP rights is going to continue to evaporate; I'm loyal to a fault but even I have my breaking point.
Now now, we're talking about timing here, had Nintendo supported their library by means of a service since the Wii era, we wouldn't be in an ankward situation regarding the service, that i agree with, but the fact of the matter is that they are starting to apply the Apple/Spotify service now, it may be too late for people like you to keep your "Loyality", but that discussion is irrelevant when talking about the Legitimacy of using ROMs for preservation. Besides, your Wii, Wii U or NES are yours, it is up to you to keep those systems alive and working, they did not put a time bomb or have any sort of programmed obsolescence (that i know of) that take the system or games away for you, do you also want to complain about the fact that your Atari 2600 stopped working?

Also:
And just to add onto this, it's relatively easy to dump your Wii or Wii U VC games and back the roms up to your computers, so they can be played in any emulator you wish. Legally yours forever.
 

SlothmanAllen

Banned
Oct 28, 2017
1,834
I've used emulation for ages, so hearing about emuparadise removing all ROMS is very saddening. I was able to play many classic SNES games using things like ZSNES, SNES 9X and BSNES over the years. Those communities should be applauded for the work they've done in preserving those games over the years.
 
Oct 27, 2017
9,429
Sorry but the author of the article is flat out wrong. Just because they want it doesn't mean they have the right to it. Why doesnt the op just post the entire article in the op, I mean I don't want to have to go to some website to read it. It's not like that would harm anyone...
 

Risq

Attempted to circumvent ban with alt account.
Banned
Oct 29, 2017
479
Nintendo is the only one actually doing anything with their old games on the regular. They aren't suing people for having ROMs of non-Nintendo consoles, so just remove the Nintendo related stuff and everyone will be happy?
 

Lant_War

Classic Anus Game
The Fallen
Jul 14, 2018
23,586
Nintendo is the only one actually doing anything with their old games on the regular. They aren't suing people for having ROMs of non-Nintendo consoles, so just remove the Nintendo related stuff and everyone will be happy?
Emuparadise had already done that, but it seems like they kept threatening them.
 

Risq

Attempted to circumvent ban with alt account.
Banned
Oct 29, 2017
479
Emuparadise had already done that, but it seems like they kept threatening them.

Yeah I guess it's unfortunate if the site is already established and they're taking action for past infringements.

A new site could start up with no Ninty content and potentially have no issues.
 

ACL

Member
Nov 18, 2017
1,304
If others had your attitude then our society would have only a fraction of the literature and artwork it has amassed over the centuries. Personally I think that a society without extant art is a society that's impoverished.

People can benefit from the wisdom and history and art of their past...for example, if people had your attitude back in the 1600's and no one preserved Shakespeare's masterpieces by copying them, drama today would have suffered greatly.

The only drama I see right now is the hyperbole. It's for the "society" is a poor excuse for what basically is comparable to theft.
 

Yarbskoo

Member
Oct 27, 2017
2,980
I do think 14 years now a Days is completely ridiculous. Copyright law had to change with the way the world did.

First copyright law was enacted over a century before movies as a medium even existed, about two centuries from video games and the internet.
Made to protect media made by a sole author when a lot of products since are group efforts.
I do think maybe Disney takes it too far, but maybe life of the author+a couple years with caveats added like "must be available for purchase/use" or something
I honestly think 14 years is fine. The only reason it seems crazy now is because we're so used to companies reusing the same IPs over and over for generations. There's nothing inherent to movies or video games that justifies keeping them out of the public domain longer than books or music. If anything, the internet makes the public domain even more important because of how it increases the visibility of individual creators who may not be attached to a large corporate entity. See fan created art, mods, remakes, etc. for examples.
 

shan780

The Fallen
Nov 2, 2017
2,566
UK
i agree wholeheartedly
also, piracy of games that are no longer available to buy is not unethical and harms no-one except scalpers on ebay
 

goldenpp73

Banned
Dec 5, 2017
2,144
Nintendo got a site shut down that hosted ROMS for everything from Atari 2600 to defunct Arcade games to 3DO to Atari Jaguar and all points inbetween. So yeah, its not surprising to see people pissed off that Nintendo just fucked us out of one of the only ways to access these games that are for all intents and purposes abandonware and impossible to find via legal methods, or, methods that would actually reimburse the license holders. Fuck Nintendo.

Perhaps these sites should not host Nintendo games then. That would limit their ad revenue and traffic but when it's all about preserving sacrifices can be made!
 

JealousKenny

Banned
Jul 17, 2018
1,231
I'm not seeing the connection between these games must be preserved and I need to be able to download any old game I want. Why must people interested in preserving games make them available to pirates?
 

hussien-11

Member
Oct 27, 2017
4,315
Jordan
I always thought it would be amazing if Nintendo themselves sold VC titles on PC, or made a service like Xbox Games pass, across PC and mobile.

- it is in no way different than selling Super Mario Run on iPhone for 10$. really great advertising for people who maybe interested to try their titles but don't want to risk the investment.
- it won't affect their sales at all, people buy new systems to play new games, and this has been proven many times, just compare Switch with Wii U.
- it will make them money, maybe a lot of money.

but they will never do that I guess.
 

rstzkpf

Self-Requested Ban
Banned
Oct 27, 2017
1,072
I never thought I'd get tilted on gaming side but these posts defending Nintendo for this are kind of pissing me off.
 

bionic77

Member
Oct 25, 2017
30,895
I never thought I'd get tilted on gaming side but these posts defending Nintendo for this are kind of pissing me off.
What are you pissed about exactly?

Someone is making money off of their property. That's what starts these lawsuits. I doubt that any of the ROM sites are sending any money to the people who created or own those properties.

I have zero problem with people emulating ROMs of older games and I 100% wish their was an easier way to get them. These sites definitely solved that problem and gave people a virus free way of getting the games but a lot of companies defend their IP. Especially when someone else is profitting from them.

Not sure why the sites didn't just remove Nintendo only games and see if the other IP holders cared if they were hosting their games.
 

ethomaz

Banned
Oct 25, 2017
4,851
Santa Albertina
This kind of naiveté is what led to the destruction of the vast majority of early film and TV history.
That is the argument is what I call bullshit.

This happened because the owner studio or these consumer that own a licensed copy didn't proper save or didn't want to save the media.

It is ridiculous to defense anybody that never had any licensed copy sharing with others non-licensed copies.

That is piracy... that is not preservation.

Stop to shield behind the "preservation" to make your bad actions looks like something good... you are doing nothing good for the humanity.

Do you stopped to think if the owner of the movie/game wanted these guys to decide what to do with their creation without their consent?

It is like you think Robin Wood was a hero doing bad things in name of justice lol
 

low-G

Member
Oct 25, 2017
8,144
I'd say it's more a severe issue with copyright law these days (and patents, and trademarks, etc etc). It cripples creativity, innovation, expression, preservation of history, and what have you. It is capitalism laying on its own tail, cutting its own blood flow off until it turns gangrene. It is greed, stupidity, and fear.

Though it does suck, Nintendo has every right to shut down these sites.

Just like how Donald Trump is president. It's all very fair and legal, right?
 
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duckroll

Member
Oct 25, 2017
11,218
Singapore
Do you stopped to think if the owner of the movie/game wanted these guys to decide what to do with their creation without their consent?
Have you stopped to think that maybe that doesn't matter as much as you think it does? If the owner of a piece of culture decided that it should no longer be sold and tries to prevent anyone from ever releasing it again, is that a net positive for society? Laws that exist to protect certain rights, should not be taken to mean natural entitlement to those rights without any context. Creators of content only enjoy the benefit of being able to protect their content from being copied because most societies agree that it is right to allow a creator to have some sort of exclusive right to earn money from their creation to encourage more creation of content.
 

JealousKenny

Banned
Jul 17, 2018
1,231
Preservation is useless if it's not available for people to play.

Art and culture should be appreciated.

So now it's a video games are art discussion? I don't think video games are art, they are toys. I don't think everyone should have a right to play with old toys simply because they exist.

If Nintendo doesn't want people playing their games for free then people shouldn't be able to play them for free.
 

Fularu

Member
Oct 25, 2017
10,609
I'm not going to lament the death of websites littered with tens of adds per page forcing you to click through 4 links before getting to your "rom'" for maximum add revenue.

I will take great offense at Archive.org shutting down though
 

MattWilsonCSS

Banned
Oct 25, 2017
1,349
So now it's a video games are art discussion? I don't think video games are art, they are toys. I don't think everyone should have a right to play with old toys simply because they exist.
Commercial art is art, don't bring some dumb "What Is ~True~ Art" shit into this. It is an important distinction for the purposes of copyright as well. There is a difference between copyright law with toys and copyright law with software, so knock it off.
 

ethomaz

Banned
Oct 25, 2017
4,851
Santa Albertina
Have you stopped to think that maybe that doesn't matter as much as you think it does? If the owner of a piece of culture decided that it should no longer be sold and tries to prevent anyone from ever releasing it again, is that a net positive for society? Laws that exist to protect certain rights, should not be taken to mean natural entitlement to those rights without any context. Creators of content only enjoy the benefit of being able to protect their content from being copied because most societies agree that it is right to allow a creator to have some sort of exclusive right to earn money from their creation to encourage more creation of content.
What do you think is culture or art?
Why you should share with everybody the hard work of the people involved in a game, music, movie, etc?
Why share without consent a game/movie/music/etc is "good" but share your car with anybody without your consent is "bad"?

That hypocrisy.

What the problem if somebody created something for own use only or to only sell to others the right for personal use?

In what world you are the God to say he should allow anybody to share his work with anybody else?
 

MattWilsonCSS

Banned
Oct 25, 2017
1,349
What do you think is culture or art?
Why you should share with everybody the hard work of the people involved in a game, music, movie, etc?
Why share without consent is "good" but share your car with anybody without your consent is "bad"?

That hypocrisy.
Physical theft is property law, separate from copyright law.

Copyright only came into existence to be a temporary protection so that an idea couldn't be immediately stolen. The original duration was 14 years. It was always expected that a creator would return their work to the public domain for the betterment of society. You want to participate in the arts? You have to give back, so it can be adapted, modified, remixed, interpreted. That is how humanity and the arts have worked for millenia.

What the problem if somebody created something for own use only or to only sell to others the right for personal use?
That's not how copyright works. We don't live in a libertarian shithole. Once your copyright expires, it's in the public domain no matter what. Despite how Disney wants to keep copyright law extended forever, copyright is not permanent.
 
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