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Author Topic: "Did Nintendo download a Mario ROM and sell it back to us?"  (Read 702 times)

Mew seeker

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"Did Nintendo download a Mario ROM and sell it back to us?"
« on: January 29, 2017, 07:31:21 am »
I believe this video is relevant to this forum and would like to hear your opinions on the matter.  :)

snarfblam

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Re: "Did Nintendo download a Mario ROM and sell it back to us?"
« Reply #1 on: January 29, 2017, 08:19:55 am »
It's been discussed extensively at NesDev, but have some bullet points.

  • It's possible that Nintendo downloaded and distributed ROMs. It's possible they simply used the established ROM container format.
  • You can't prove it either way, and whether they did it and whether it would be legal if they did really doesn't matter. You could argue about it all day, but you would just be spending all day missing the point.
  • Nintendo was prompted by and leveraged the existing emulation scene, turning it into a source of profit. Even that isn't wrong. The hypocrisy is that they had previously and continue to portray ("unauthorized") emulation as wholly illegitimate.

I'm more bothered by how Nintendo handles copyright matters on YouTube and how they react to fan games. The moral implications of Nintendo allegedly downloading a ROM instead of dumping a cart seem pretty insignificant.

Spooniest

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Re: "Did Nintendo download a Mario ROM and sell it back to us?"
« Reply #2 on: January 29, 2017, 09:16:06 am »
I bet they've done it more times than I can even count to without falling asleep counting.

What really boils my goat about Nintendo is, like all game companies, their tendency to put on airs and assume the credit for the creations which gave them popularity without respecting the idea that the creators had of what the creations ought to be like.

It is that disrespect for the primal nature of a creation that leads to all manner of vileness in the entertainment industry, and it is a well-trodden subject. I think people in the electronic game business tend to view things with rose-tinted glasses because of Nintendo, and while I know why the marketing strategy was chosen, I also know that it is a cover for the fact that Electronic Gaming has been largely possible due to the history of the Gaming business being somewhat...er...unorthodox in its methodology.

By "Gaming," I mean, profiting from a game that you share with the public...ahem.

"IN the Frontier days, dadgummit, we done call 'ese sorts o' endevvers, you know, "Poker Tables." They dun hold 'em down 'ere in'a Salloon once erry Fridee, Saterdee, and most erry night they kin git awee with." *spits tobacco juice*

tc

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Re: "Did Nintendo download a Mario ROM and sell it back to us?"
« Reply #3 on: January 29, 2017, 10:01:18 am »
The significance of this depends in what country the headers were invented, and whether they are subject to copyright. Assuming typical Berne Convention standards took effect, they've been copyrighted automatically and will remain so for years to come.

snarfblam

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Re: "Did Nintendo download a Mario ROM and sell it back to us?"
« Reply #4 on: January 29, 2017, 10:06:25 am »
Copyright on factual data stored in a "standardized" format?

Spooniest

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Re: "Did Nintendo download a Mario ROM and sell it back to us?"
« Reply #5 on: January 29, 2017, 10:11:14 am »
That's like trying to prove Provenance of a work of art by having DNA and Thumbprint evidence; it might be factual, but the art community is too stolid to even begin to accept it.

Watch "Who the @$@# is Jackson Pollock?" if you want to know more.

tc

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Re: "Did Nintendo download a Mario ROM and sell it back to us?"
« Reply #6 on: January 29, 2017, 10:24:44 am »
Copyright on factual data stored in a "standardized" format?

That I don't know, I'm not a lawyer. But we shouldn't single out Nintendo. Anybody who commercially released an NES rom is a "suspect".

FAST6191

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Re: "Did Nintendo download a Mario ROM and sell it back to us?"
« Reply #7 on: January 29, 2017, 10:52:00 am »
Copyright on factual data stored in a "standardized" format?

Database rights are a thing, though we might end up in what is a database and what is an entry.

In either case the would be dumper would have to prove loss or damage too and that I would love to see play out in court (yes your honour, I did copy this game and bypass some protections before having it released to the internet). Even more so if Nintendo's emulators play out how some of their later ones do with all the game specific mods and thus render a lot of it redundant.

That said if Nintendo made or licensed an emulator then I have no moral objection to them downloading a ROM rather than trying to call up whatever legacy projects/archive/whatever (this is a world where lost source code is a common thing http://www.theinquirer.net/inquirer/news/1014845/sega-loses-source-code-games http://www.geek.com/games/prince-of-persia-creator-finds-lost-source-code-23-years-later-1479237/ http://neogaf.com/forum/showthread.php?p=13860802 ) and seeing if they can crowbar something together as it might well still be in a form where it gets flashed to chips rather than fed to an emulator.