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Author Topic: Will Nintendo target [b]here[/b] next?  (Read 6839 times)

FallenAngel2387

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Re: Will Nintendo target [b]here[/b] next?
« Reply #20 on: October 11, 2016, 09:31:58 pm »
The irony being that Nintendo has gone after the Game Genie, in hopes of courts seeing it as illegal.

FAST6191

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Re: Will Nintendo target [b]here[/b] next?
« Reply #21 on: October 12, 2016, 05:06:43 am »
The irony being that Nintendo has gone after the Game Genie, in hopes of courts seeing it as illegal.

In the main Galoob vs Nintendo case Galoob technically filed first. Granted it was to seek a "declaratory judgment"
http://law.justia.com/cases/federal/district-courts/FSupp/780/1283/1445354/
http://museumofintellectualproperty.org/features/game_genie.html

I don't know if Nintendo had rattled a sabre beforehand, and I would agree that anybody that had vaguely followed Nintendo's legal history and approach to the world would know Nintendo would take exception*, but I do have to mention that.

*that it apparently took a year and a half of litigation and then needed a fairly decent court to say what went attesting to that if nothing else.

lexluthermiester

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Re: Will Nintendo target [b]here[/b] next?
« Reply #22 on: October 14, 2016, 04:23:20 pm »
In the main Galoob vs Nintendo case Galoob technically filed first. Granted it was to seek a "declaratory judgment"
http://law.justia.com/cases/federal/district-courts/FSupp/780/1283/1445354/
http://museumofintellectualproperty.org/features/game_genie.html

I don't know if Nintendo had rattled a sabre beforehand, and I would agree that anybody that had vaguely followed Nintendo's legal history and approach to the world would know Nintendo would take exception*, but I do have to mention that.

*that it apparently took a year and a half of litigation and then needed a fairly decent court to say what went attesting to that if nothing else.

Thank You for that. Was going to post a few others I found but yours are much better!

The irony being that Nintendo has gone after the Game Genie, in hopes of courts seeing it as illegal.

And they lost, setting legal precedent[IE case law] in which a court ruled that user modification of game code is not unlawful. See the citations FAST6191 posted above. It is what's know as a "landmark case". Furthermore, the DMCA does not and can not over-ride or superseded that ruling. Thus game modding/hacking is legal. There are, of course, limitations to such modifications, such as the creator must not benefit/profit from said modifications nor deny the copyright holder of same. But in the context of what RHDN is all about, there are no violations of copyright law because it all falls under the "fair-use" umbrella.