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Tathanen

One Winged Slayer
Member
Oct 25, 2017
6,038
what exclusive rights? There are no "exclusive rights to reproduce the copyrighted work". It's why emulators can't be taken down.

I see, I feel like your earlier language was claiming that the game itself could be legally copied with no issue, when what you're actually saying is that "building an emulator that can run an existing rom" is fine. Within that narrow scope, sure. Tho that's not really "porting" at all, it's writing a Switch emulator that is playing an illegal rom. If you are saying "porting a game is not illegal" as a catchall, though, that's obviously false, since the rom itself is an illegally obtained material.
 

BernardoOne

Banned
Oct 25, 2017
10,289
I see, I feel like your earlier language was claiming that the game itself could be legally copied with no issue, when what you're actually saying is that "building an emulator that can run an existing rom" is fine. Within that narrow scope, sure. Tho that's not really "porting" at all, it's writing a Switch emulator that is playing an illegal rom. If you are saying "porting a game is not illegal" as a catchall, though, that's obviously false, since the rom itself is an illegally obtained material.
You can buy a Outrun arcade, dump the game and port it.
So no, porting a game is not illegal.
 

Tathanen

One Winged Slayer
Member
Oct 25, 2017
6,038
You can buy a Outrun arcade, dump the game and port it.
So no, porting a game is not illegal.

"Dumping" a game is, categorically, "copying" it. So yes, that is illegal. But I know I'm gonna get a whole lot of blowback from people who think all their romdumps are perfectly fine since they did it themselves.
 

Naner

Member
Oct 27, 2017
3,018
Hopefully launch devices will always be homebrewable. I want to pick up a second one to use my older one for homebrew, but I can't justify getting one now. When a redesign comes along, however...
 

Zomba13

#1 Waluigi Fan! Current Status: Crying
Member
Oct 25, 2017
8,940
Nice to see the Anti-Piracy Brigade in here defending the IP rights of Ferrari while using copyrighted IP as avatars.
 

McNum

One Winged Slayer
Member
Oct 26, 2017
5,195
Denmark
what exclusive rights? There are no "exclusive rights to reproduce the copyrighted work". It's why emulators can't be taken down.
No, emulators are legal because they're the same thing as a Virtual Machine. It is completely fine to write a tool that makes one kind of hardware pretend to be another. Be it running a VM on a server, or a SNES emulator on a PC. You just can't use pirated software in said emulator. But that should go without saying.
At worst they could try to take down the video. Nothing more than that. There's nothing stopping me from porting literally every game that has ever existed, provided im not sharing the files myself.
Correct. If no one knows, no one cares.

This video is, however, using Outrun to increase visibility. That's a problem. Would we be discussing this if it wasn't Outrun or a similar old classic running there? You don't need to use Outrun to show off that you can run a game like that on the Switch. And it's certainly no great feat to say that the Switch can run Outrun, because, yeah. It can. Why wouldn't it? So why, explicitly Outrun, when less troublesome games could have been chosen?

For instance, I would suggest the Shareware version of Doom. Great game, runs on nearly anything, up to and including refrigerators, and no legal hassles at all. It's encouraged to run Doom on everything. So if someone gets Doom running, I'll happily join the applause. Just remember to only use the Shareware version.
 

BernardoOne

Banned
Oct 25, 2017
10,289
"Dumping" a game is, categorically, "copying" it. So yes, that is illegal. But I know I'm gonna get a whole lot of blowback from people who think all their romdumps are perfectly fine since they did it themselves.
False. Making a copy yourself and playing it on a emulator is under fair use. As seen in Sony vs Bleem or Nintendo vs Game Genie.

Not to mention America isn't the world either.
 

maximumzero

Member
Oct 25, 2017
22,927
New Orleans, LA
This is downright hilarious. You would think that Nintendo would have sealed up the cracks in their shit after their hardware has been consecutively cracked over the past few generations.

I feel like this is the earliest homebrew/piracy on a Nintendo platform in its lifespan since maybe the GBA.
 

Starlatine

533.489 paid youtubers cant be wrong
Member
Oct 28, 2017
30,421
"Dumping" a game is, categorically, "copying" it. So yes, that is illegal. But I know I'm gonna get a whole lot of blowback from people who think all their romdumps are perfectly fine since they did it themselves.

you're going to get blowback because you're wrong

dumping your own copy for your own personal use is not illegal. specially most places outside of america
 

Jebusman

Member
Oct 27, 2017
4,087
Halifax, NS
False. Making a copy yourself and playing it on a emulator is under fair use. As seen in Sony vs Bleem or Nintendo vs Game Genie

Making a copy for yourself isn't actually under US fair use, it's just something that all companies don't aggressive go after their customers for. There's nothing stopping them from suing you, other than the massive PR hit they would take (which is why the RIAA stopped doing it years ago). "Fair use" isn't some hard rule, it's determined on a case by case basis. So right now making a copy of a game for yourself without the copyright owner's permission isn't automatically "fair use", but a court battle would be costly and ultimately is likely to side with the consumer.

Sony vs Bleem was more about the fact that the emulator existed at all, they weren't suing over the fact that people were ripping games. Which wasn't even technically a requirement, as the games would be actual PS1 discs running in your drive.

Nintendo vs Galoob has almost nothing to do with emulation/copying so I don't even know why you're referring to that.

Like if you want to rally for why what he did was perfectly legal (something I don't entirely disagree with), at least try to properly source reasons.
 

SoyUnPixel

Member
Oct 25, 2017
135
Poor Ferrari must be hurting because one small/niche Youtuber used one sprite of their cars for something that he isn't even including on what he's distributing.

On topic: Modern Vintage Gamer created a lot of stuff for the original Xbox in terms of Homebrew, pretty cool dude.
 

Bluelote

Member
Oct 27, 2017
2,024
This is downright hilarious. You would think that Nintendo would have sealed up the cracks in their shit after their hardware has been consecutively cracked over the past few generations.

I feel like this is the earliest homebrew/piracy on a Nintendo platform in its lifespan since maybe the GBA.

the fault is with Nvidia, it's an issue of Tegra X1, the same method works for hacking any Tegra X1 device, not just the switch.
 

lobdale

Member
Oct 25, 2017
1,991
Making a copy for yourself isn't actually under fair use, it's just something that all companies don't aggressive go after their customers for. There's nothing stopping them from suing you, other than the massive PR hit they would take (which is why the RIAA stopped doing it years ago).

Sony vs Bleem was more about the fact that the emulator existed at all, they weren't suing over the fact that people were ripping games. Which wasn't even technically a requirement, as the games would be actual PS1 discs running in your drive.

Nintendo vs Galoob has almost nothing to do with emulation/copying so I don't even know why you're referring to that.

Like if you want to rally for why what he did was perfectly legal, at least try to properly source reasons.

Yeah Bleem was just an emulator that ran legally purchased factory discs, and the Game Genie suit only ruled that because it was realtime modification to the (legally purchased) program, no actual secondary work was created and it wasn't a copy, cases that followed that ruled that things like time shifting were allowed because no copy was ever made.
 

Tathanen

One Winged Slayer
Member
Oct 25, 2017
6,038
User Warned: Piracy Derailment - Do not discuss piracy in threads about homebrew or emulation
False. Making a copy yourself and playing it on a emulator is under fair use. As seen in Sony vs Bleem or Nintendo vs Game Genie.

Not to mention America isn't the world either.

you're going to get blowback because you're wrong

dumping your own copy for your own personal use is not illegal. specially most places outside of america

Hey, I'm happy to be proven wrong, I don't actually have any stake here. I cited some actual legal sources tho, and per Jebusman it doesn't look like there have been any actual legal counterpoints provided.

Though yes, for sure, I am taking an America-centric stance here. I can't speak for what's legal elsewhere.

Nice to see the Anti-Piracy Brigade in here defending the IP rights of Ferrari while using copyrighted IP as avatars.

I know this is just a limp attempt at a zinger, but avatars fall pretty squarely within fair use, along with most images on the internet.
 

lobdale

Member
Oct 25, 2017
1,991
And as per protocol and obligation, a thread about progress on the Switch's homebrew scene is tarnished by piracy talk.

Thanks guys, always on the lookout to shit every. single. threads.

Thread was DOA without it, there's nothing else to talk about when it comes to this stuff yet since nothing really exists for anyone to play around with.
 

Jebusman

Member
Oct 27, 2017
4,087
Halifax, NS
Hey, I'm happy to be proven wrong, I don't actually have any stake here. I cited some actual legal sources tho, and per Jebusman it doesn't look like there have been any actual legal counterpoints provided.

Though yes, for sure, I am taking an America-centric stance here. I can't speak for what's legal elsewhere.

I mean I'd still personally side with the consumer on ROM ripping, but only for people who still own physical copies of the games in question.

If you borrowed a cartridge from someone, ripped it, and gave it back, you're engaging in piracy. You don't actually own a legal copy of the game in question.

If you do own the cartridge (or more relevant to this thread, the Outrun arcade PCB) and rip it, it's a legal gray area that most companies won't ever come after you for, mostly because A. How are they supposed to find out you did it in the first place, and B. A real good way to burn good will with your customers is to sue them.
 

Tathanen

One Winged Slayer
Member
Oct 25, 2017
6,038
I mean I'd still personally side with the consumer on ROM ripping, but only for people who still own physical copies of the games in question.

If you borrowed a cartridge from someone, ripped it, and gave it back, you're engaging in piracy. You don't actually own a legal copy of the game in question.

If you do own the cartridge (or more relevant to this thread, the Outrun arcade PCB) and rip it, it's a legal gray area that most companies won't ever come after you for, mostly because A. How are they supposed to find out you did it in the first place, and B. A real good way to burn good will with your customers is to sue them.

Sure, and just to put this out here, I'm not arguing that "wow this is horrible and bad and should be stopped." I'm just interested in understanding the actual legality. I can certainly concede to "gray area," but not so much this "it's perfectly absolutely fine" that's been bandied about in here.
 

Jebusman

Member
Oct 27, 2017
4,087
Halifax, NS
Sure, and just to put this out here, I'm not arguing that "wow this is horrible and bad and should be stopped." I'm just interested in understanding the actual legality. I can certainly concede to "gray area," but not so much this "it's perfectly absolutely fine" that's been bandied about in here.

In this case the legality is perfectly sound:

He didn't port the actual game Outrun to the switch, he ported a custom engine someone designed known as Cannonball:

https://github.com/djyt/cannonball/wiki

This is essentially a re-implementation of the Outrun engine done in modern code. Presumably it was done entirely cleanroom (as in, not looking/copying any of the original code), this is just an emulator/interpreter that doesn't contain any code from the game itself.

In order to make it work, YOU have to supply a .zip copy of the Outrun ROM, and the engine will then pull the assets from the ROM in order to run.

The program itself doesn't contain any of the copyrighted code, so it's perfectly legal.

I feel like that's where some of the confusion lies, because saying "I ported an emulator that can run the outrun ROM" is a little different than "I ported outrun", because one implies copying the actual assets, the other doesn't.
 
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McNum

One Winged Slayer
Member
Oct 26, 2017
5,195
Denmark
Thread was DOA without it, there's nothing else to talk about when it comes to this stuff yet since nothing really exists for anyone to play around with.
Yeah, there's not really much to say other than "Huh, neat!" and "Uh, is that legal?" when the thread is about something that exists with little else.

I will add, I'm not trying to be a party pooper here. As I said, it is impressive. I'm just worried that people are getting into needless trouble. If you can do two equally impressive things, where one can't ever get you in trouble, and one risks you getting in trouble, even if the risk is minor, why do the second one?

There is, after all, a reason that Doom runs on everything. Apart from "because you can" (A printer? A single key on a keyboard? An Ultrasound machine? It. Runs. DOOM!), because also, well, because you can. Doom is open source and the Shareware version may be installed anywhere. So run Doom. It's fun. Run it on toasters, on ATMs (actually don't do that), or anything that has a screen and inputs.

Using Outrun to show this off is just a needless risk when other options were available.
 

DigitalOp

Member
Nov 16, 2017
9,288
Yeah, there's not really much to say other than "Huh, neat!" and "Uh, is that legal?" when the thread is about something that exists with little else.

I will add, I'm not trying to be a party pooper here. As I said, it is impressive. I'm just worried that people are getting into needless trouble. If you can do two equally impressive things, where one can't ever get you in trouble, and one risks you getting in trouble, even if the risk is minor, why do the second one?

There is, after all, a reason that Doom runs on everything. Apart from "because you can" (A printer? A single key on a keyboard? An Ultrasound machine? It. Runs. DOOM!), because also, well, because you can. Doom is open source and the Shareware version may be installed anywhere. So run Doom. It's fun. Run it on toasters, on ATMs (actually don't do that), or anything that has a screen and inputs.

Using Outrun to show this off is just a needless risk when other options were available.

Bruh your whining is incredibly pendantic

Rather sad even.

It's an old ass game. Everyone will live.
 

rare

Member
Oct 25, 2017
1,421
So wait, does it work on the latest FW? Does it also risk my switch getting banned?
 

Deleted member 3010

User requested account closure
Banned
Oct 25, 2017
10,974
Yeah, there's not really much to say other than "Huh, neat!" and "Uh, is that legal?" when the thread is about something that exists with little else.

I will add, I'm not trying to be a party pooper here. As I said, it is impressive. I'm just worried that people are getting into needless trouble. If you can do two equally impressive things, where one can't ever get you in trouble, and one risks you getting in trouble, even if the risk is minor, why do the second one?

There is, after all, a reason that Doom runs on everything. Apart from "because you can" (A printer? A single key on a keyboard? An Ultrasound machine? It. Runs. DOOM!), because also, well, because you can. Doom is open source and the Shareware version may be installed anywhere. So run Doom. It's fun. Run it on toasters, on ATMs (actually don't do that), or anything that has a screen and inputs.

Using Outrun to show this off is just a needless risk when other options were available.

This doesn't warrant a full derail of the thread into legal matters.

This man can use Outrun as he possess the game and ripped his own stuff. There's no 'risk' there.
 
OP
OP
Windrunner

Windrunner

Sly
Member
Oct 25, 2017
6,500
Yeah, there's not really much to say other than "Huh, neat!" and "Uh, is that legal?" when the thread is about something that exists with little else.

This is a video that shows how to exploit your Switch, MVG's Cannonball port as well as a guide to writing your own homebrew. Assuming you watched it.

It can spawn much better discussion than another tedious piracy debate.
 

McNum

One Winged Slayer
Member
Oct 26, 2017
5,195
Denmark
User Warned: Piracy Derailment - Do not discuss piracy in threads about homebrew or emulation
Bruh your whining is incredibly pendantic

Rather sad even.

It's an old ass game. Everyone will live.
Not older than Mickey Mouse, though. Which I will happily admit is a whole different problem.

I will also add that the discussions we've had after I asked the scary questions has actually turned pretty interesting. I didn't know that Cannonball was a thing. That certainly changes things a bit. Though that is still the real Ferrari, but if he dumped the ROM from an arcade board and runs in on a Switch emulating that arcade board, it's... eh, depends on the local details now. Not entirely white, but probably not black either.

I ask because I care. Both that people don't get in needless trouble and that old games aren't undermined by piracy. And I'll admit there's a lot of details about this I don't know, so I ask.

As an aside, I would buy an official Outrun port for Switch, get the 3DS one and make it in HD and I'll buy it. Outrun is fun.
 

Amiibola

Banned
Oct 29, 2017
2,255
Switch being a off the shelf Tegra X1 will make it a paradise for Homebrew and emulation.

Ok, somehow seeing this hyped me to hell and back.
 

noyram23

Banned
Oct 25, 2017
9,372
My 2nd Switch is ready, hopefully they can port a PS4 remoteplay and PC remoteplay apps too.
 

Fularu

Member
Oct 25, 2017
10,609
sogood.gif

I've been eyeing the GBA emulator someone's ported. It's almost there...I can finally ditch my GBA and cartridges.
Nope

Original hardware is always better for old handhelds :p

Something about the screens not rendering well on modern displays and needing prety powerfull shaders to pull it off.

But maybe the Switch will be able to handle them
 

Shaneus

Member
Oct 27, 2017
8,900
What the fuck happened in this thread?!?

I really hope it's possible for us to play all the removed Pinball Arcade tables one day.

I assume someone would have to dump them, though, and I fear it won't happen as the window for purchasing $210 worth of content was just a few hours.
My theory: The Switch is basically an nVidia Shield, one day the Shield OS (or whatever) will be ported and we can just play that one or the Android port.
 

Strings

Member
Oct 27, 2017
31,419
Your move hundred million dollar companies working with infinitely more complex releases.

Your. Move.