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Borrowing ROMs

An anonymous reader writes "It looks like Console Classix is trying introduce a new old concept to the world of P2P file sharing, at least as it applies to NES and SNES ROM images. You download their client program, and then you can "borrow" one ROM image at a time from their site, play it, and then release it for someone else to use. There are a finite number of ROM images on the site, each one ostensibly dumped from a legitimate and unique cartridge. I wonder if this will allow an end-run around some of the questionable legality of file-sharing... and I wonder if this could work for MP3s, movies, and other forms of media?" I think its pretty reasonable, but I doubt that the industries will agree.

422 comments

  1. This sounds... by Satai · · Score: 5, Interesting

    This sounds sort of similar to the MP3 locker program that mp3.com had a few years back, except more stringent. I don't think it'll fly, and if it does, it'll be AFTER legal battles.

    1. Re:This sounds... by macrom · · Score: 3, Informative

      http://www.consoleclassix.com/legal.htm

      It looks like NOA hasn't contacted them in over a year regarding the alleged violation. Perhaps that means NOA realized they don't have much of a case against ConsoleClassix.com. Either that or they've been brewing a legal case for the last 13 months, which doesn't sound all that likely to me.

      Who knows, maybe someone has finally figured out a way to sling stones at the giants and defeat them.

    2. Re:This sounds... by Anonymous Coward · · Score: 0
      Perhaps that means NOA realized they don't have much of a case

      In all frankness, that's never stopped them before. Seriously. Look at some of the dumb-ass shit that the nintendo lawyers have tried to claim in the past.

      I think the most likely possibilities are:
      1. Nintendo hasn't noticed yet. (If that's the case, Slashdot probably just took care of that for us!)
      2. Nintendo is keeping their hands way the hell off this one becuase they're terrified this one consoleclassix group will turn out to be the one that doesn't settle out of court, and thus gets all the way to the end of a court case and sets a legal precendent Nintendo doesn't like. Nintendo's strategy in the past has banked entirely on assuming their superior legal budget will goad the opponent into submission nearly instantly.
      3. Nintendo is no longer being as rabidly litigous as in the early days of Snes9x becuase the management there has become more sensible.
      4. Nintendo is no longer being as rabidly litigous as in the early days of Snes9x because they've realized it's gotten them nowhere.
      5. Nintendo is no longer being as rabidly litigous as in the early days of Snes9x because (unlike the Nintendo 64 days) nintendo is now actually selling a worthwhile, meaningful product that they're making gobs of money on, and thus less likely to act like a big scared child.
      6. (My personal favorite theory:)

        Nintendo is currently trying to milk their nostalgia value as much as possible, and they have realized that every person who downloads and plays MARIO3.NES or METROID.NES is one more person who remembers "hey, this is way more fun than Halo, nintendo rocks", and subsequently goes out and buys Mario Sunshine or Metroid Prime.
    3. Re:This sounds... by Anonymous Coward · · Score: 0

      I just didn't understand the legal decision against mp3.com's locker program at all. It made no sense why the courts decided against it.

      If I recall, under the locker program, I used my physical CD to "upload" my copy (basically, show that I owned it and they verified this within reason). Once verified, I could then download anywhere online to listen to (which to me seems reasonable, just as if I uploaded a CD to a site and then downloaded it later, which should fall under fair use). The only difference was that they saved on storage space if identical CDs were found. Or, put another way, they maintained a list of people who could access a CD based on the fact those people reasonable proved they owned that CD.

      They provided a service which did not infringe on copyright, and yet they got slammed in court. Maybe someone could clue me in as to what law was being violated, as I currently chalk the court's decision up as a case of heavy-handed industry lawyers and stupid judges. Was there anything in that case that provided a legal loophole for a workaround?

    4. Re:This sounds... by joshsisk · · Score: 1

      At least one problem with the locker system was that you could just use friends' discs to add cds to your locker.

      Another reason that failed in court (and this probably will too, if tested) is that the law apparently says that you are allowed to make copies of your media for your own use, but you are not allowed to make copies of your media for _others_ to use.

      As I understand it, it's legally okay to have MP3s or ROMs, but only if they were made from _your_ originals.

      This method is pretty interesting, with the whole "checking out" concept, but I think they would still lose based on the above interpretations of the law.

    5. Re:This sounds... by Anonymous Coward · · Score: 0

      :$a
      wittier sig
      . :wq

    6. Re:This sounds... by Anonymous Coward · · Score: 0

      I think this has an extremely good chances of "flying". This is no different than when I used to check-out audio CD's from the library in downtown Los Angeles.

  2. Shareing by buss_error · · Score: 3, Insightful

    Didn't seem to work for MP3.COM, and I thought that MP3.com had a better chance than Napster. After all, MP3.COM wanted to confirm you actually had the CD you were trying to play, and Napster didn't.

    --
    Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.
    1. Re:Shareing by Anonymous Coward · · Score: 0
      "There is such a thing as too much freedom." - G. W. Bush

      Funny, a search of Google gives me a grand total of 2 pages with this string, and only one dubious reference to Bush having said it.

      Care to provide a source?

      Also, if Bush did utter that statement, I can be sure that you took it out of context, as you people usually do. For instance:
      Yelling "FIRE!" in a crowded theater is illegal, even though it's technically free speech. There is such a thing as too much freedom.
      See how that works?

    2. Re:Shareing by newr00tic · · Score: 0

      Isn't it just possible to hoax mp3.com, by making fake rips of original cds (posting media header files on the net..), so that you can fill a cd with garbage, then apply the media file just as if it was the original? something like this must have been though of, I mean mp3.com can't scan the whole 650-700mb disc over the internet.... !?!

      --
      A horse can't be sick, you know, even if he wants to.
    3. Re:Shareing by konichiwa · · Score: 1

      Actually I think the quote is

      "There ought to limits to freedom"
      --at a Press conference at the Texas State House, May 21, 1999, referring to
      gwbush.com

      --
      Never argue with an idiot, he'll just lower you to his level and beat you with experience.
    4. Re:Shareing by Anonymous Coward · · Score: 0

      Interesting how quickly politically this turned.

      Note that both the movements against Napster and mp3.com were during the Clinton administration. mp3.com was wholly during Clinton's time.

      The reality is, both parties are screwing us, not one or the other. They just want to do it in different ways. Both want their hands in the money pot. The democrats opened up the internet. The republicans opened up the natural supplement market. Both signed off on the DMCA, upped the duration works stayed in copyright, pushed the patent mess, etc. Bush has been delivering ultimately stupid economic statements, while the next big threat (digital rights management) seems to its biggest arm in the democrat camp.

    5. Re:Shareing by joshsisk · · Score: 1

      Also, if Bush did utter that statement, I can be sure that you took it out of context, as you people usually do.

      I like the reference to "you people". What sort of people is the poster, pray tell? And how do you know?

      "Some people have too much freedom," I believe is the actual quote, and if you do a Google search for that you will get many hits. The story is that he said it after seeing a satirical web site that poked fun at him, but I can't verify that.

    6. Re:Shareing by Anonymous Coward · · Score: 0

      What sort of people is the poster, pray tell?

      The kind of person who misquotes other people. That's all I meant by that, geez.

      And how do you know?

      Duh.

  3. Changes the dynamic of the business by Marx_Mrvelous · · Score: 5, Insightful

    I like this idea, but because it will hurt business, it'll go away.

    Of course, "fair use" states that you can lend, borrow, and sell used merchandise (CDs, PS2 games, etc) but when it's on such a large scale, businesses will fight back to try to make up for lost sales. If it stays limited to older nintendo and sega ROMs, they might slip under the radar... but I don't know anymore.

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    1. Re:Changes the dynamic of the business by Animats · · Score: 2

      Yeah, look at the whining by authors about Amazon selling used books. And the whining and pressure by the recording industry about record stores selling used CDs.

    2. Re:Changes the dynamic of the business by rushiferu · · Score: 1

      Of course, it couldn't hurt sales that much seeing as how they don't market these games anymore. It might slide if the site offers corporations something in return. For example, if the site becomes popular enough it could give free ad space to game companies as compensation.

    3. Re:Changes the dynamic of the business by Transient0 · · Score: 2

      To be fair:

      For the most part, it's the publishing houses complaining, not the authors themselves.

      Sure some authors have been vocal on the subject, but they are in the minority.

    4. Re:Changes the dynamic of the business by Anonymous Coward · · Score: 0

      Of course, it couldn't hurt sales that much seeing as how they don't market these games anymore.

      Except that they do still market all of the new games (and consoles.) When you buy or play old games you aren't at the store buying new ones.

    5. Re:Changes the dynamic of the business by King_TJ · · Score: 1, Troll

      For every example of a failure you can produce, you can also show examples of successes in lending of these materials.

      EG. Blockbuster Video. These people make millions and millions of dollars loaning out their video games and movies. In fact, their revenues were up considerably last quarter, based primarily on game rentals. (And these are brand new games... exactly the ones the gaming industry would most like you to run out and buy, rather than borrow for a few days and return.)

      Furthermore, many libraries let you check out software titles for PCs. This seems even more questionable, since the borrower has to install the product on his/her machine's drive in order to use it. The library has no way of ensuring the borrowing deletes the installed copy after he/she is done checking it out.

    6. Re:Changes the dynamic of the business by rushiferu · · Score: 1

      Yeah, but I don't know anyone who was seriously considering buying a PS2/Xbox/etc who decided not to because they got their hands on a Zelda ROM.

      If corps. wanted to make some quick cash they'd smarten up and release all their older games as ROMS for sale over the net anyway. At a low enough price the hardcore ROM fan might find downloading their favorite games from an official site more appealing than murking around on P2P networks or tracking down the latest warez sites.

    7. Re:Changes the dynamic of the business by Imperial+Tacohead · · Score: 1

      Either people are being insincere in responding to this topic, or it's moron day on Slashdot. When something like the RIAA's copy control scheme comes up for discussion, there are literally hundreds of posts saying, "It doesn't matter what they do, it'll be cracked in no time." Similarly, how long do you think that this whole "borrowing" thing will last? It, too, is just copy control, and it will only work as long as everybody plays along with it. It blows my feeble mind that so many slashdotters are ostensibly buying into this idea...

    8. Re:Changes the dynamic of the business by rushiferu · · Score: 1

      That may be a little short sighted. While I agree that it would eventually be cracked (probably fairly quickly), there are other issues to consider. Using that logic nobody would ever release anything. At some point, especially with older material, it becomes a matter of getting what money you can while you still have a chance.

      I mentioned earlier that these companies would have been smart to release ROMS of their older games for sale on the net. Yes, the price would have to be very low per download and yes this would eventually make ROMS easy enough to find that people will stop buying them from any pay site. BUT before that time the companies will still generate revenue off their old games as oppose to now where they are making nothing. If there's a demand profit can be found, even if it's only for a while.

    9. Re:Changes the dynamic of the business by theRiallatar · · Score: 1

      Or, as a better idea, include emulation software on a CD/DVD to ship with a newer system.. I'm sure a mini-disc could hold at least 200 games, and would be some (albeit minor) incentive to purchase a gamecube. After all, playing the games on a TV w/ a controller is so much better than a computer keyboard. Especially when more than one person is involved in the playing.

    10. Re:Changes the dynamic of the business by Comatose-M · · Score: 1

      I feel kinda sorry for the authors. They get shafted by the publishing companies, who in turn get badly shafted by the major bookstores (Like Chapters/Indigo here in Canada). They hardly get any royalties at all.

      It's a lot like the music industry. There's the ultra successful few, and then there's the millions just trying to get by on the measley handouts from the RIAA.

      Still, it's not going to stop me from buying used books at the bookstore. It's up to the vendors to report sales, not me.

    11. Re:Changes the dynamic of the business by be-fan · · Score: 2

      I'm a big fan of blockbuster. 90% of the stuff out there is crap. I shouldn't have to purchase games that take less than a week to beat and have zero replay value. As I see it, if U rent it from blockbuster instead of buying it for $50, I'm saving $45 and essentially getting the same playtime out of it. Same thing for a lot of movies. If these media companies want people to buy their products instead of renting them, they could try coming out with products people actually want to own for longer than a week.

      --
      A deep unwavering belief is a sure sign you're missing something...
    12. Re:Changes the dynamic of the business by FunkSoulBrother · · Score: 1

      I could be wrong about this, especially as far as games, but at least for movies don't they get Rental copies from the manufacturer for like 200 bucks each, so they can have them before its out for the public to buy for 20 bucks?

      Games I know are probably different, do they obtain a special license to rent, or do they head down to the local wal mart and pick up a stack of 10 copies of mario sunshine?

    13. Re:Changes the dynamic of the business by jarrell · · Score: 1

      It would be perfectly legal for them to *mail* you the roms, then you return it. That's just a library. Although the software *on* the roms might have a licensing agreement that precludes that. However, they're making complete copies of the rom images to another media, and loaning that out, which is where they, like mp3.com, will get burned, because they don't have a license to do that. That boils back to the kinko's problem. You can fair use copy something for yourself at kinko's, but they can't do it *for* you..

    14. Re:Changes the dynamic of the business by Erasmus+Darwin · · Score: 2
      "Yeah, look at the whining by authors about Amazon selling used books."

      Yes, but the authors were actively referring people to Amazon, only to have Amazon switch it to a sale that wasn't netting the author a regular royalty. Amazon may be free to sell used books, but authors are also free to pick and choose which book sellers they promote.

    15. Re:Changes the dynamic of the business by rohdem · · Score: 1

      That's a really good idea!!!! I'd love to play those old games again on my TV instead of my PC!!

    16. Re:Changes the dynamic of the business by Erasmus+Darwin · · Score: 2
      "The library has no way of ensuring the borrowing deletes the installed copy after he/she is done checking it out."

      True. But this case is slightly different. The "library" in this case is actively bypassing the manufacturer-produced copy protection (the console format) and is providing it to the end-user with their own protection method of unknown quality. Should the "library's" replacement copy protection turn out to be inferior to the original protection, they at least partially facilitated the piracy.

    17. Re:Changes the dynamic of the business by JonTurner · · Score: 3, Insightful
      When you buy or play old games you aren't at the store buying new ones.

      Yes, but that doesn't prove your point. Even without this system I'm not at the store buying new games. I haven't bought a new game in years -- I wait for some sucker to shell out $40-$60.00 for a new title, play it for a few weeks, then sell it used to me for less than half price (usually $20)because that's all it's worth to me.

      Let's go back and talk about business dynamics for a moment, though, since that's the title of this thread. The software industry is operating on the Economics 101 rule that scarcity increases demand -- while true for hard goods (food, shelter, clothing) with items that can be reproduced by the consumer at almost zero cost (e.g. software) it doesn't apply. It's all about market forces. Does the company want to make a high profit margin on a low volume (the mainstream software industry approach) or a low profit on a high volume? IOW, would a certain software company sell more than 4x as many copies of their Home OS if they dropped the price from $99 to $25? I believe so and I've seen market studies to back that assumption. That, IMO, is the solution to piracy -- sell more product at an affordable price which will reduce the incentive to steal. Much of piracy is a statement from the consumer to the producer; "your product is not worth the cost."

      Let's think about expensive software packages: Office suites, voice control software, CAD packages, graphics/layout software, etc. Stuff you'd never consider shelling out $300-$1000+ for but would love to own for $30.00 just to "try out" or use on some small project. Think the publisher's would sell enough lower-priced items to break even or increase their incomes? I do.

      As much as we all love to hate them, the movie houses are beginning to recognize this -- DVD movies prices are falling, selling for around $20.00 and offering lots of new features while videogame prices hover around $45.00 and CD audio costs are somwhere around $18.00. Again, think about the prices -- how many of you would "take a chance" on some unfamiliar musician for $5, vs. paying $18? (hands go up in the audience) Think that has anything to do with the popularity of file-sharing networks? I do, and I think that the music studios need to recognize that they must compete with free by selling quality, diversity, and convenience. Much of that applies to the other industries, too.

      But in the end, it's not my decision to make 'cause I'm not in charge of the studios, or the software houses. I'm just a jerk at the bottom of the consumer chain being ignored by the marketing weasels at the aforementioned empires. I've lived without their products for this long, and I guess I'll continue. It's their decision. Rant over.

      I might fail, but at least I'm trying.

    18. Re:Changes the dynamic of the business by Imperial+Tacohead · · Score: 2

      I like your proposal much more than I like theirs. Why? Because your proposal takes piracy into account up front, whereas they pretend that this "borrowing" mechanism will function effectively as some sort of closed system. It won't, and not only that, but the companies that own the IP in question get absolutely nothing out of it.

      What really bothers me here is how the general sentiment on this board is "man, what a great idea!" while in a discussion on music copy control it would be more like, "man, these guys are idiots, this will never work." I realize that Slashdot is not homogenous in its opinions, but it would seem that there ought to be more of a balance.

    19. Re:Changes the dynamic of the business by Anonymous Coward · · Score: 0

      Actually, I have no problem with paying additional royalties for used items as long as correspondingly it is easy to determine, proportionately fair to the price of the item sold, and allows legislative immunity to those who do pay offer such products (so industry doesn't come back and hammer you for more royalties from the primary sale to the used sale). As such, this simply points out what I *am* afraid of--the unequal distribution of power in this country when it comes to individuals and truly small businesses versus corporations and large business groups.

      iow, when the various groups come to the table, only the industry advocates (e.g. publishing houses) will be heard. And it'll end up just like internet broadcast rights--what should be a straightforward and fair application of radio broadcast rights to online media, they came up with a generally universal fee which shuts down the small guy, the consumers don't hear new music, and the music houses bitch that their numbers are down, meanwhile everything on the radio and 35 of the 40 songs in the top 40 sound darn similar. They get pissed, insist on roytalities and legistlative action, and the vicious cycle occurs again.

      It's odd. I watch/listen to CNBC regularly, and they're mentioning nearly weekly about online music, e.g. combatting piracy, Napster, etc., and yet nothing happens. This is almost August 2002, 3 years after the height of the boom, and there has been NO solution.

      It's so bad, I don't care about what the industry's opinion are anymore, since it's crap, and come out very much for the status quo, against ANY change regarding future royalty talks regarding used products.

    20. Re:Changes the dynamic of the business by Anonymous Coward · · Score: 0

      Uhhh, one's come up with industry (and they'll screw up) and enforced by new, even more restrictive laws with the help of government laws and ties. The other is a free market idea where the best solution within current law (and hence a true market case) is attempted using licensing, contract law, technology, and current copyright law.

      Quite a bit of difference.

    21. Re:Changes the dynamic of the business by tomstdenis · · Score: 1

      Fair use states that you can defend the infringing upon a copyright holders rights for the purpose of paradody, education or otherwise informational. Usually this is limited to portions or subsets of the copyrighted work. You can't, for example, copy a movie in its entirety and give that to friends for the purpose of being informational.

      A legitimate use would be, for example, copying a portion of a newspaper, say an editorial for a school lecture.

      btw "fair use" is not a right. Its a defence for copyright infringement.

      Tom

      --
      Someday, I'll have a real sig.
    22. Re:Changes the dynamic of the business by gosand · · Score: 2
      If it stays limited to older nintendo and sega ROMs, they might slip under the radar... but I don't know anymore.

      No way they would let anything slide. I knew of some guys who were making reproductions of arcade game artwork, to restore their old machines. That stuff was nowhere to be found, and the company who released the game (can't remember who right now) would never think of producing it again. They made a few posts to rec.games.video.arcade.collecting to see who else would be interested in the sideart. The company got wind of it, and came after the guys with their cease-and-desist guns blazing. Big companies don't like unauthorized materials, yet they won't authorize anything either.

      --

      My beliefs do not require that you agree with them.

    23. Re:Changes the dynamic of the business by axlrosen · · Score: 2

      Of course, "fair use" states that you can lend, borrow, and sell used merchandise...

      A few problems with this:

      1) The license agreement that you (in theory) agree to when you open the box says that you agree not to do this.
      2) There's a technical distinction between giving someone a physical CD, and copying the bits for them and agreeing not to use it while the other person has it. Whether a court would say that they're basically the same thing, I don't know.
      3) Presumably this gizmo has no good way of determining if the ROM images came from different cartridge or not, so it could be used for piracy too, though not as easily as Napster-like systems.

      So I don't think "fair use" really applies here. (Which means that I agree with your conclusion, that it'll eventually go away.)

    24. Re:Changes the dynamic of the business by Out4Blood · · Score: 1

      ...would a certain software company sell more than 4x as many copies of their Home OS if they dropped the price from $99 to $25?

      Lowering prices is a bad proposition. The volume required to recoup lost profits from price cuts is larger than most people realize. For example, with 20% variable costs and a breakeven of 625 units, lowering price to 25% of orginal would require a volume increase of 1600%.

      --
      - Consult the dictionary frequently to avoid mispelling
    25. Re:Changes the dynamic of the business by kz45 · · Score: 1

      I think that the music studios need to recognize that they must compete with free by selling quality, diversity, and convenience. Much of that applies to the other industries, too.

      the music studios should only have to compete with free, if it's music that they have not created themselves, otherwise it's similar to a company having to compete with thieves.

    26. Re:Changes the dynamic of the business by Anonymous Coward · · Score: 0

      > btw "fair use" is not a right. Its a defence for copyright infringement.

      You've got that backwards. Copyright is not a right. "fair use" is a defense to allow it

    27. Re:Changes the dynamic of the business by Schnapple · · Score: 1
      I'd love to play those old games again on my TV instead of my PC!!
      You can. Break out your Sega Dreamcast (or get one for $50) and fire up NesterDC, a port of Nester (a NES emu) to the Dreamcast. It takes some patience and burning skills (and of course you'll still need the ROMs) but it's amazing - the proper speed, sound, everything (assuming you can forgive the freaking huge Dreamcast controller). It saves games like Zelda to the VMU and you can fit more or less every North American game on a single CD. You can even burn it to where one particular game loads up when the CD boots up.

      While you're at it, hit up DCEmulation, they've got all the info on all the other emulators for the DC (Atari 2600, SMS/GG, MAME) as well.

    28. Re:Changes the dynamic of the business by Anonymous Coward · · Score: 0

      That's the way they use to do it. Now Blockbuster (and Hollywood Video) have rental revenue-sharing aggreements with the studios. They pay a few bucks for each copy plus a percentage of each rental fee, to the studios. This is how they are now able to guarantee a new release will be in stock. There is no longer the high upfront cost to stocking a boat load (boat load = alot) of copies.

      This is for tapes. The studios would like to do it with DVDs as well but DVD retail prices are so low that the revenue share is not advantageous to Blockbuster.

  4. Why not a partnership? by TwitchCHNO · · Score: 5, Insightful

    Ok can someone tell me why Nintendo doesn't partner with Gamespot / Fileplanet & let an infinite of roms & mame playing go on with a membership. (With Nintendo collecting a small royalty fee).

    Are there any of the older video game companies offerin thier old games for purchase? (in any format) Or is it pretty much lawers protecting IP that the company no longer uses. If that's the case it seems like a big waste of $ to me.

    --
    ___________________________
    I'm not a geek, but I play one on TV.
    1. Re:Why not a partnership? by Anonymous Coward · · Score: 1, Insightful

      thats a genius idea. Sega ESPECIALLY would make a killing on all those old Master System, Genesis, and Game Gear roms.

      Intellivision
      http://www.intellivisionlives.com /

      2 words, 6 syllables

      B-17 BOMBER

      FLAK FLAK

      if you dont know what im talking about yer too young.

    2. Re:Why not a partnership? by Apreche · · Score: 5, Insightful

      The reason is that Nintendo, unlike other game companies, still makes money off of their old games. Notice the three Super Mario Advance games are exact copies of Mario 2, Mario World, and Yoshi's Island? Other companies like Sega do not re-relase their old games, like Sonic 2, in their exactly the same as original forms.
      So while companies like Sega and Sony or Arcade machine makers aren't hurt by roms, Nintendo very much is. If you download Mario 2 for free, that's one less copy of Mario Advance they sell. If you download a copy of Sonic 2, the only one who gets hurt is the used game store in the mall.

      I'm still pissed however that Mario Advance 3 is Yoshi's Island and not Super Mario 3. What's up with that? The last time Mario 3 was put out was Mario All Stars for SNES. I want it for GBA, like now-ish.

      --
      The GeekNights podcast is going strong. Listen!
    3. Re:Why not a partnership? by edwdig · · Score: 3, Insightful

      Nintendo has been rereleasing a lot of their old NES and SNES games on the Gameboy Color & Gameboy Advance systems. Most Mario games have been rereleased, or will be soon. They attempted porting the older Zelda games, but the GB screen was too small for it. Zelda 3 will make it to the GBA though.

      Various other old NES games are included within Animal Crossing, which is coming to the GameCube later this year.

      So, the answer is, Nintendo would lose money by getting involved in schemes allowing people to download ROMs.

    4. Re:Why not a partnership? by TwitchCHNO · · Score: 1

      Ok cool.

      Nintendo:

      Ports all of thier older titles to thier portable system. Cool - very cool. I should get a GBA. Thanks!

      Does anyone know about SEGA? Neo-Geo? Atari? & the arcade games that weren't available. (The star wars arcade game is my favourite - I play that all the time!)

      --
      ___________________________
      I'm not a geek, but I play one on TV.
    5. Re:Why not a partnership? by Anonymous Coward · · Score: 1, Interesting

      Keep in mind that Sega released a few "Sega Smash Packs" for Dreamcast which included old Genesis and Saturn games each. It seems logical that they will continue to release older games in their new found role as a strictly 3rd party developer.

    6. Re:Why not a partnership? by Tofuhead · · Score: 2

      Exactly. Sega Smash Pack for GBA is already out (or coming out soon, depending on where you are). Also, Namco, Konami, Midway, and Atari, among others, seem to put out classic compilations for almost every platform now and then.

      The fact is, even though not everybody is smart enough to cash in on their older titles, pretty much every smart company reserves the right to do this. The only real shame is when good game licenses are owned by people who are content just to let the classics die.

      < tofuhead >

      --
      It is still the dark of night.
    7. Re:Why not a partnership? by jhunsake · · Score: 1

      "If you download Mario 2 for free, that's one less copy of Mario Advance they sell."

      Wrong. I will never buy it. But I may download it.

    8. Re:Why not a partnership? by StillAnonymous · · Score: 1

      I wouldn't say they are losing money in such a situation. If you like, say, Super Mario 2 and you've played it on the original NES and are now playing a ROM of it on your computer, it stands to say that you are more likely to purchase it for the GBA.

      Why? Because of the GBA's only true advantage: It's portable!

      Even though they are the same game, identical in every way, the platform is different and has a different intended use. Now if the ROMs were being used on a hand-held computer that could emulate them at full speed, Nintendo would have a issue of profit loss.

    9. Re:Why not a partnership? by dark_panda · · Score: 2

      I believe Capcom let out some of their ROMs a few years back. There was company that put out some high-quality PC joysticks called HotRods or something that basically gave the user Street Fighter-style joysticks complete with cherry buttons in a 2x3 configuration. Packaged with the joysticks were copies of MAME and a bunch of legal Capcom ROMs, like 1941, Commando, Strider and UN Squadron. Pretty cool. (Although most of the games ran better on Callus...)

      J

    10. Re:Why not a partnership? by Com2Kid · · Score: 2

      I want it for GBA, like now-ish.

      Plenty of NES emulators out there for the GBA, you still have your SMB3 cart riiiiight? Dump it to mem card, use emulator, play on GBA, enjoy.

      Ok so it won't get the nifty graphical enhancements of a remake but. . . .

      Oh and yes Nintendo still makes money off of /remaking/ their old games, but letting somebody play a game on the computer for a small fee would hardly negate selling that game for a console system or some such. And in fact they could make tons of money with a console hooked up to the internet that could rent out their older games online, heh. NES games are by far small enough to transmit over even a dial-up connection, so. . . .

      And people would still buy the GBA remakes. ^_^

    11. Re:Why not a partnership? by Seanasy · · Score: 2

      Oh, god. I can still here that bad, southern accented synthesized voice saying, "Bombs away." Thanks for the time trip.

    12. Re:Why not a partnership? by Anonymous Coward · · Score: 1, Insightful

      Actually Sega is re-releasing there old Sonic games in their exact old school fashion. It was announced in early July that they would release the following games in compilation disc to the gamecube:
      Sonic the Hedgehog (Genesis - 1991)
      Sonic the Hedgehog 2 (Genesis - 1992)
      Sonic the Hedgehog 3 (Genesis - 1994)
      Sonic & Knuckles (Genesis - 1994)
      Sonic CD (Sega CD - 1993)
      Sonic 3D Blast (Saturn - 1996)
      Sonic R (Saturn - 1996)
      Sonic Shuffle (Dreamcast - 2000)
      Sonic Drift (Game Gear - 1994)

      Also, Sega isn't the only company doing this. Look at what Square is doing with older Final Fantasy games...they are getting new CG's and re-released (PSX). Capcom has already done a number of their SNES games for hte GBA (Street Fighter 2, Breath of Fire, Breath of Fire 2). There is big money in porting old games to new systems and it is very fast money too.

      That is why game companies don't like this stuff and would never do this.

      But as a note, Nintendo does have a partnership with Gamespy...it is supposed to be for their online plans...but no one really knows.

    13. Re:Why not a partnership? by unFKNreal · · Score: 1

      "If you download Mario 2 for free, that's one less copy of Mario Advance they sell."

      So just what makes you think I'd buy Mario 2? There are many people (including me) who will try software simply because its free, but would rather go without instead of paying for it. Some things just aren't worth my money.

    14. Re:Why not a partnership? by blueskatz · · Score: 1

      The other reason nintendo can't do this is that they don't own the rights to most of the games released for the NES. They would have to keep track of the rights of all the games and then send small royalties out to all those companies...

      By the way, nothing against Super Mario 3 (definately one of the best in the series and one of the best NES games ever), I am really glad they are releasing Yoshi's Island like this. Have you played it before? Its an amazing game, and definately a worthy member of the series. It always seemed like it was released and marketed more as a offshoot of the series instead of a bone fide sequel. I'm looking forward to it being in my portable library. Besides, a Mario All Stars for GBA is almost assuredly on the way.

      Another thing - if you want SMB3 on your GBA now, head over to lik-sang, get yourself a flash cart and linker, and then download the PocketNes, a GBA NES emulator.

    15. Re:Why not a partnership? by Cid+Highwind · · Score: 1

      But for every cheapskate like you, there is someone who remembers how cool a game it was after playing a downloaded copy. That person will go out and buy a copy of Super Mario Advance so they can play it without emu bugs and on the bus, during coffee breaks, etc.

      It all comes out even in the end.

      --
      0 1 - just my two bits
    16. Re:Why not a partnership? by ronfar · · Score: 2
      Because a lot of classic video game makers would still rather sell their games like this:

      Konami Collector Series: Castlevania and Contra

      Nintendo, on the other hand, prefers to release older games as Game Boy Advance titles.

      --
      All the creatures will die, And all the things will be broken. That's the law of samurai. (Jubai, 1605)
    17. Re:Why not a partnership? by Psx29 · · Score: 1

      Actually Sega released a (now rare) Sonic Collection containing games 1-3 and sonic and knuckles for sega saturn. They are poised to re-release this collection(also incl. in this are Sonic 3D{from the genesis}, sonic spinball, and Dr. Robotniks mean bean machine{columns ripoff}) for gamecube sometime this year. (Info from the official site)

    18. Re: Why not a partnership? by Dr.+Wu · · Score: 1

      This is exactly what I was thinking when Microsoft put the kibosh on the Xbox-MAME emulator a few weeks ago.

      Why, with all of their resources, don't they grab the rights to MAME (or create their own), then go out and purchase the rights to all of the 'original' arcade ROM's (but not the actual rights to the game concepts). It should cost them next to nothing, and it could truly be a blockbuster hit.

      While it's unlikely they'll be able to get the rights to NES ROM's, I'm sure that the current owners of Coleco, Intellivision, and perhaps Atari would be more than happy to sell them for a price (or develop their own emulators).

      Dr. Wu

    19. Re:Why not a partnership? by Stonent1 · · Score: 0

      Note that they list CD-ROM. I could fit all of those on to a floppy with room to spare using a NES / SNES emulator. Unless they add FMV cut scenes like they did with the old Final Fantasy games.

    20. Re:Why not a partnership? by kz45 · · Score: 1

      That person will go out and buy a copy of Super Mario Advance so they can play it without emu bugs and on the bus, during coffee breaks, etc.

      unfortunatly, you can get flash cartridges for GBA or GB, that will allow you to play any game you download, bug free.

    21. Re:Why not a partnership? by kz45 · · Score: 1

      So just what makes you think I'd buy Mario 2? There are many people (including me) who will try software simply because its free, but would rather go without instead of paying for it. Some things just aren't worth my money.

      I have the same thoughts about that new BMW I see at the car dealership, but unfortunatly they call it stealing (im not sure why).

    22. Re:Why not a partnership? by squaretorus · · Score: 2

      The real reason is that Nintendo WANT these games to die - because as long as they are around a %age of gamers will delay buying a 'cube.

      I get all my gaming kicks these days from a gameboy, SimCity, and a few codemasters race sims on my laptop. When I get bored of that Nintendo dont want me to be able to download a SNES emulator and ROMS to allow me to play super mario kart on my PC!!! Even if they do get $20 every time I download the player.

      They want me locked into the sexy new machine.

      This is also why thy dont licence the old games to another company to sell in a new format (that and the characters).

    23. Re:Why not a partnership? by jhunsake · · Score: 1

      You can check my math here... but for it to come out even that person would have to buy two copies.

    24. Re:Why not a partnership? by Anonymous Coward · · Score: 0

      thats incorrect, sega will be releasing a really big collection of games for the nintendo game cube. the release is not specific but its gona have alot of them so they will be loosing money

    25. Re:Why not a partnership? by Anonymous Coward · · Score: 0

      Are you really that stupid?

      They call it stealing, because the dealer looses that car.

      Nintendo doesn't loose anything if you download a game you wouldn't buy. They still have the game. They still have the possibility of selling the game. They have even sold the original you downloadet a copy of.

  5. Playing by the rules? by Wizri · · Score: 5, Interesting

    How long beforce some one figures out how to bypass the locking and keep the ROMs on local machine? My guess 48 hours.

    1. Re:Playing by the rules? by SirSlud · · Score: 2

      Well guess what, I already know how to xerox a book and copy a movie, so whats the diff?

      --
      "Old man yells at systemd"
    2. Re:Playing by the rules? by msheppard · · Score: 2

      I agree, how long until someone cracks the protection and just copies the rom to be played forever? This is why Microsoft want's to develop palladium, so they can disable any software that would provide this "cracking" service. It boils down to, "If you can expierence (view/listen/play) a digital content, you can copy that digital content"

      M@

      --
      Krispy Cream is people
    3. Re:Playing by the rules? by Boing · · Score: 1
      > Well guess what, I already know how to xerox a book and copy a movie, so whats the diff?

      The diff is that the time/money investment of copying movies and books is high enough that most people will still buy the original. Notice that you already know how to copy CDs, too. And, since that is relatively trivial to do, the recording industry is trying to stop it. The publishing industry and the movie industry don't act right now solely because it's not something they have to worry about yet. As bandwidth increases, watch for the MPAA going after people copying movies (hell, you don't even have to wait... lots of colleges are cracking down on dormroom movie distributors at the request of the MPAA).

    4. Re:Playing by the rules? by ultima · · Score: 1

      It's amazing what can be done with a hex editor and a packet sniffer.

    5. Re:Playing by the rules? by jimbolaya · · Score: 2
      To how many people can you distribute that photocopied book? How much will it cost you to do so? How long will it take you?

      You'll be able distribute a ROM to thousands or millions of people, without cost (aside from i-net access, for which you are already paying), and in virtually no time at all. So, now I ask you, do you really not see the difference?

      --

      There ain't no rules here; we're trying to accomplish something.

    6. Re:Playing by the rules? by TibbonZero · · Score: 2

      Why did they go after DeCSS then when the DVD-Rs were costing $35?
      It wasn't about cost (well they knew the cost was going to drop but), it was that you could do it. I still think that I get more out of buying the DVD than copying it. I have a rather Large DVD AND CD libary. I own about 90% of the MP3s on CD somewhere that I have. I like to access them from other people's dorm rooms, so I keep them on a Samba share that i have a password to.
      Just because you could distribute something, doesn't mean that you will. That assumes that you are guilty before you do it (Minority Report), you can't say, "You will do this with this", because they might not, and even if probablity says that they will, you can't tell them not to, until they do it.

      --
      Tibbon
      tibbon.com
    7. Re:Playing by the rules? by jimbolaya · · Score: 2

      I admit to not being an expert on the DeCSS issue, but I believe a big reason why they went after it is that it would allow users to distribute DVD-video over the internet; i.e., you could play the DVD video off of your hard drive, rather than a DVD. 4.7GB is a lot of data to transfer over the Internet, but connections are getting faster, so it is a legitimate issue. Again, I'm not an apologist of the RIAA and MPAA, but I will admit that the Internet and high-speed connections do offer unprecedented opportunities for widespread piracy. They have a right to be concerned, even if their response is all wrong.

      --

      There ain't no rules here; we're trying to accomplish something.

    8. Re:Playing by the rules? by Neillparatzo · · Score: 2, Interesting

      You'll be able distribute a ROM to thousands or millions of people, without cost (aside from i-net access, for which you are already paying), and in virtually no time at all.

      Captain Reality to the rescue!

      Serving data of any kind to the general public (be it Ethically Correct or not) might just seem like a magical process of copying all the 1 bits and the 0 bits. But it does not scale to "thousands or millions" without significant cost. Think, your connection is either:

      • a residential connection, which caps its upstream speed, forbids servers in the Terms of Service, or both
      • something more substantial, which is metered

      But don't worry, I used to think the Internet was free, too.

    9. Re:Playing by the rules? by Anonymous Coward · · Score: 0

      Actually, they went after DeCSS, because it allowed people to build DVD-PLAYERS without paying $$$$ for a license to the decryption code.

  6. good idea by cr@ckwhore · · Score: 5, Insightful

    good idea! Public libraries have been operating like this for centuries.

    --
    Skiers and Riders -- http://www.snowjournal.com
    1. Re:good idea by Maniakes · · Score: 2, Interesting

      good idea! Public libraries have been operating like this for centuries.

      Not to mention Blockbuster and Hollywood Video.

      --
      A legparnasom tele van angolnaval.
    2. Re:good idea by Anonymous Coward · · Score: 0

      We're working on making that un-American practice illegal, too!

      P.S. Be sure to buy the new N-Sync album, it's great!
      Love & Kisses,
      Hillary Rosen

    3. Re:good idea by paladin_tom · · Score: 1

      The thing with public libraries is that they are public in the sense that they are run by governments. People's tax money funds them, and a slice of this money goes to the authors of the books borrowed.

      In Canada, for instance, we have an institution called CanCopy. The number of times a given book is borrowed is tracked, and the author gets a slice of the pie based on this.

      Music can also be borrowed from libraries, so there is a real precedent for online music-sharing.

      I suspect that industry would be more receptive to these online libraries if goverments extended such programs into this area.

      --
      #define sig "Every social system runs on the people's belief in it."
    4. Re:good idea by Ashran · · Score: 1

      AFAIK one copy has to be given for free to the library, atleast in germany / austria..

      --

      Before you email me, remember: "There is no god!"
    5. Re:good idea by Anonymous Coward · · Score: 0

      American libraries do not operate on a royalty basis. Their only financial contribution to the author is the author's royalty from the sale of the book to the library.

    6. Re:good idea by caspper69 · · Score: 1

      The U.S. has an institution similar to CanCopy. It is called the Copyright Clearance Center, and if you look on the last page of any Popular Science, you will see that anyone registered with the CCC can copy information directly out of the magazine for $1/page per copy. This service is mostly used for education and libraries, but I don't think they preclude individuals from signing up. The service is not as robust as CanCopy in that it doesn't track the number of times a book has been checked out, etc., but it does provide an avenue for fair use without completely shunning the original copyright holder.

    7. Re:good idea by Maniakes · · Score: 1

      In the USA, libraries buy their books from the publishers. Authors and publishers love libraries because:

      1) There are hundreds of thousands of public libraries in the US. Sell one copy to each library...

      2) People borrow one book by an author from a library, then they like it and start buying that author's new books.

      Books in libraries are like free samples that get paid for.

      --
      A legparnasom tele van angolnaval.
    8. Re:good idea by paladin_tom · · Score: 1

      So if the site is lending ROM images that come from legally-purchased cartridges, we should have a similar situation here, where programmers/game companies benefit.

      After all, if you like one game in a series, you'll tend to want more. Isn't that the idea Id had, when they released the first episodes of Doom and the original Wolfenstein as shareware? Boxed copies of Id games are big sellers, in part thanks to this practice.

      --
      #define sig "Every social system runs on the people's belief in it."
    9. Re:good idea by gilroy · · Score: 5, Informative
      Blockquoth the poster:
      I suspect that industry would be more receptive to these online libraries if goverments extended such programs into this area.
      Quite the opposite, actually. Publishers have hated the idea of public libraries for literally centuries. They have done everything they can to restrict, reduce, and eventually rub out libraries. Only the fact that the public library is so patently a public good -- that it engenders warm, fuzzy feelings in John Q. Voter -- has protected it so far.

      In the DMCA hearings, who was just about the only group looking out for anything close to what we might call the average citizen? The librarians' group.

      Doubt me? Ask a former Registrar of Copyright, Ralph Oman, who in a letter to The Washington Post bewhined that

      "A long list of special pleaders now gets free use of copyrighted works, including small businesses, veterans' groups, bars, scholars, restaurants, fraternal groups, marching bands, Boy Scout troops, nursing homes, libraries, radio broadcasters and home tapers" (emphasis added)
      Mr. Olman was speaking in favor of the Sonny Bono Public Domain Pillage Act (also known as the "Copyright Term Extension Act"). He bewailed the loss of revenues such Communists and anarchists as the Boy Scouts cost the poor, abused Content Cartel every year. (Blatant plug: The Post published my reply. Like a schlub, I've lost the actual WashPost link.)

      The evidence is, the Content Cartel would prefer to see libraries go gently into that dark night of perpetual copyright extension, indefinite "access controls", and a denuded public domain.

    10. Re:good idea by Cryptnotic · · Score: 2
      The number of times a given book is borrowed is tracked, and the author gets a slice of the pie based on this.

      I wonder what they do with all that pie. It's probably something perverted.

      --
      My other first post is car post.
    11. Re:good idea by Waffle+Iron · · Score: 2
      good idea! Public libraries have been operating like this for centuries.

      Not to mention Blockbuster and Hollywood Video.

      In both of those examples, the content is still embedded in a matrix of protons and neutrons when it is handed over to the renter or patron.

      Lawmakers and courts seem to have decided that this is OK, because it makes the content seem enough like real objects (that you can touch and feel) for them to understand.

      Transmitting the ROM images over the Internet avoids the step of physically transfering the protons and neutrons to the users. Rightly or wrongly, the lawmakers and courts will not be able to relate to this, and it will be judged to be illegal.

      (It doesn't matter that only one user is assigned to the protons and neutrons at a time. The fact that they weren't sent to the user will be the deciding factor. The law may not say this in so many words, but the net effect of any court rulings will be the same.)

      Physically moving around heavy particles along with abstract content seems to set a "threshold of inconvenience" which affirms that your usage of the associated content is fair and morally upstanding.

    12. Re:good idea by paladin_tom · · Score: 1

      Okay, I stand corrected.

      Perhaps it would be better to say, "If there were a system for online borrowing similar to the system in place for public libraries, John Q. Public and the goverment would be friendlier to the idea. Industry would then consider blantant attacks on these sites bad publicity." (?)

      --
      #define sig "Every social system runs on the people's belief in it."
    13. Re:good idea by paladin_tom · · Score: 1

      Horny young teenagers, so Hollywood teaches us, do perverted things to American Pie. This is Canadian pie. ;-)

      --
      #define sig "Every social system runs on the people's belief in it."
    14. Re:good idea by spencerogden · · Score: 1

      Transmitting electrons doesn't count? damn...

    15. Re:good idea by jroos · · Score: 1

      This sort of checkout and return is already being done with electronic books. Netlibrary provides books that you can read online. There are a limited number of copies so when all of the Mastering Regular Expression copies are checked out you have to wait until one is returned before you can use it. There is also a due date and the book is automatically returned on that date.

      It does require you to create an account through an existing traditional library.

    16. Re:good idea by Anonymous Coward · · Score: 0

      "bewail" is a word. "bemoan" is a word. "bewhine" is NOT a word.

  7. Well recepted by Anonymous Coward · · Score: 0

    This will be as accepted to Nintendo as mp3.com's "beam it" software was to the RIAA.

  8. Who cares about what the industry thinks by Anonymous Coward · · Score: 0

    Do you really care what the industries will think about this? They are the ones that created licensing agreements, and we are just finding the loopholes. What really matters is what congress (or the courts) thinks. If it falls under fair use, lets do it!

  9. Every time by EMDischarge · · Score: 1
    someone tries to circumvent copyright restrictions they get slapped down. This will be no different.

    Why do you think the game manufacturers don't release these games/ROMs? Because there is still money to be made from them, no matter how old or tired they are. Hell, if they would just SELL them they could make a killing.

    Clearly, you have to own the console game itself to be able to use the ROM. All other "methods" of obtaining them are usually illegal.

    --
    Quintus malus puer est.
    1. Re:Every time by Anonymous Coward · · Score: 0

      Dumb fuck. They do own the console game itself, and thus are able to use it. It's no different from Blockbuster or the Public Library.

    2. Re:Every time by Storm+Damage · · Score: 2

      Blockbuster was able to fight off Nintendo and Sega back in the late 80s/early 90s because they had a lot of revenues to hire good attorneys with. As cool as this operation appears to be, I don't get the impression from looking at their site that they are extremely well-funded, and as such, despite the overwhelming favor of legal precedent a competent trial lawyer could bring to bear in their case, The flashier, more connected legal goons Nintendo could easily throw at these guys will likely argue that the fact these guys are operating on the internet makes it all different, and they should be shut down. I wish CC luck, as they are already on Nintendo's radar. However, the only legal correspondence from the company was in July, 2001, so they may actually be giving them a pass.

      Now, if they start doing the same sort of distribution with other systems, especially more modern ones (playstation, PS2, Gamecube, or heaven-forbid XBox), they might find themselves in significantly hotter water. In that case I'd recommend the strategy of getting big, fast, charging a good monthly membership fee for content use, and building a revenue base to hire a good legal team.

    3. Re:Every time by Hrothgar+The+Great · · Score: 1

      Yeesh. They better save up and buy a really expensive server, if they're going to distribute CD images over the 'net. Seriously though, I doubt that's ever going to be a possibility.

    4. Re:Every time by NoMoreNicksLeft · · Score: 5, Insightful

      Because there is still money to be made from them, no matter how old or tired they are. Hell, if they would just SELL them they could make a killing.

      Haha. Do you believe your own drivel? The intellectual property industry has shown time and time again, that they will crack down on infringement even when there is no chance of it hurting their revenue stream.

      No, they do it for a different reason. Please allow me to indulge in a metaphor. Imagine that they sell bottled water. Not a bad business to be in, everyone has to drink, right? Plus, they're just selling water, and still getting $1.29 per bottle at 7-Eleven. They could easily get rich, lazy, and still have a big inheritance for their spoiled brats... so what's the problem? Well, there just isn't any way to grow this business past a certain point, no matter how well you run it.

      Unless.... what if everyone lived in a desert? And they were the only ones selling water? They could ask any price they wanted, and you would either buy their water or die! Fuck $1.29, $19,995 + tax sounds alot better. You can take all they have, every last cent. And as long as they don't die, sooner or later, they'll have more to spend. They're already tooled up, and whatever investment they need to engage in, they've got plenty of capital for. If only they could somehow build a desert all around us, without us noticing...

      The MPAA/RIAA/SBA are all busy building deserts. They're busy making sure the only entertainment you can have, is bought from them.

    5. Re:Every time by ceejayoz · · Score: 2

      The bandwidth would be the bigger issue... I pay out the ass for bandwidth and I only have 30 gigs a month - that'd be what, 40 CDs max?

    6. Re:Every time by _LORAX_ · · Score: 2
      Haha. Do you believe your own drivel? The intellectual property industry has shown time and time again, that they will crack down on infringement even when there is no chance of it hurting their revenue stream.
      Actually, even if they are not making money directly they could be loosing sales of NEW if people are GASP still using the old stuff. This is a big reason they fear loosing conrtrol over the items, the idea that there could be hundreds of thousands of creative works just out there in the public domain scares the hell out of them. It would put a dent in NEW ip media.
    7. Re:Every time by Anonymous Coward · · Score: 0

      "...$1.29, $19,995 + tax sounds alot better."

      FYI, "alot" is actually two words - a lot.

      Thank you.

  10. Software Swapping? by nherc · · Score: 1
    Sure, here's my copy of Photoshop now... you can use it and I'll borrow your copy of Office.

    What are the legalities involved with swapping software both physically and "virtually" like this over a central server?

    If it was checked out and fully uninstalled once you were finished using it, before it was returned, would this fly?

    --
    'He was a dreamer, a thinker, a speculative philosopher... or, as his wife would have it, an idiot.' - Douglas Adams
    1. Re:Software Swapping? by jd142 · · Score: 2

      In theory yes, provided that you aren't talking about oem versions of windows, which I believe are required to stay with the machine they came on. But always make sure to read the license.

    2. Re:Software Swapping? by Anonymous Coward · · Score: 0

      Yea sure. Ask for legal advice on /. Good idea.

    3. Re:Software Swapping? by vreiner · · Score: 1

      This wouldn't fly, because it didn't in the past. As usual, there really aren't new ideas, just new consumers of the old ones. There was a brisk business in software rentals for some time, until the software industry shut it down because they couldn't control it. The gist was that it violated the EULA, even though if it was done properly (i.e. the renter completely uninstalled the product and returned the entire package to the rental firm) then they would technically be complying with the transfer directives in the older EULAs.

  11. napster by Anonymous Coward · · Score: 0

    Napster was cool, i miss it!

  12. It may work, for a while... by Anonymous Coward · · Score: 0

    ...and then someone will release a crack for the client that will allow you to "return" the game without actually returning it, and you're back to where you started.

  13. Yeeeaaaah. I'm sure that's fine. by jeblucas · · Score: 0, Troll
    I'm going to open a store that, um, loans video cassettes to people, and ALSO rents the equipment to copy said cassettes, assuming they would NEVER do anything nefarious like COPY that material and maybe give it to friends. I'm ~sure~ I'll get away with that one.

    Oh wait. Isn't that what Blockbuster does? Why is this a problem again?

    --
    blarg.
    1. Re:Yeeeaaaah. I'm sure that's fine. by tmark · · Score: 1

      Oh wait. Isn't that what Blockbuster does?

      Yes, companies DO rent videos out, but as I understand they also pay FAR more for their copies that you do if you buy the video new.

      And as for the presumed legitimacy of these sorts of enterprises, I once belonged to a software "club" in Toronto which, for the price of a membership and a small rental fee, let users borrow software for "trial and evaluation" purposes only. This was in the days of floppy disks, and I bet almost EVERYBODY who belonged to that club ran straight home to run Locksmith or whatever was the prevailing copy program at the time. If anyone really believes that software libraries aren't going to facilitate pirating they're crazy.

    2. Re:Yeeeaaaah. I'm sure that's fine. by dameon · · Score: 1

      Video stores only pay a premium for new titles to be released before you can buy them. With DVD's per movie charges are significantly less. Video stores (especially Blockbuster) pay waaay less than you think for new titles these days. Blockbuster partners directly with production companies and buys millions of copies. It used to be that Video stores payed upwards of $100 for a VHS when it was released. Now that is simply not the case. DVD's are flooding the market, and most new releases cost Video Stores only $25-30.

      Also, I do not believe there is anything prohibiting me from going to Wally World, buying a movie off the shelf, and bringing it into my nonexistent video store and rent it. Laws like that are only prohibiting Public Viewing and copying.

      Regardless, new movies are cheap. And old games are old games. It's stuff that we all love, and would like to see re-released.

      I don't see the problem here, and I would pay for it (I love Mario 3). Better to make a little money off your old stuff than to control it and take steps to make sure that you make no money at all.

      --
      Remember, a truly wise man never plays leapfrom with a unicorn
    3. Re:Yeeeaaaah. I'm sure that's fine. by mal3 · · Score: 1

      Yes, companies DO rent videos out, but as I understand they also pay FAR more for their copies that you do if you buy the video new.

      True, but only in the case of VHS. They're paying for higher quality tapes that can handle being watched 100's of times without showing wear. Now that DVD is out Blockbuster is paying regular wholesale prices for DVDs.

      First Sale doctrine does apply to video rentals.

      --
      Non gratis rodentus anus
    4. Re:Yeeeaaaah. I'm sure that's fine. by Anonymous Coward · · Score: 0

      Sorry, incorrect. Not only do rental stores pay at most retail (wholesale, for chains) price for videos, but Blockbuster even had a revenue-sharing deal with the studios that allowed them to purchase videos at an even *lower* cost, in exchange for a revenue split and stocking DtV and second-string movies from the studios. With the growing share of DVD rentals, however, the incentive for Blockbuster to enter into revenue-sharing deals has dropped dramatically; the result is a price war between Blockbuster and the studios, resulting in the extremely low prices on many DVDs, priced to encourage purchases rather than rentals.

      Insofar as "the presumed legitimacy" issue is concerned, remember that the software company in question presumably has some kind of NUSPI binding on their software to make it difficult to, um, rip ROMs, thus providing a tighter lock on the content than that provided by MP3 services.

      I see a potentially valid legal argument for these guys. It'll be interesting to see where the inevitable court case goes.

    5. Re:Yeeeaaaah. I'm sure that's fine. by 1001+0000 · · Score: 1

      I worked for a video store for about a year. There is a usually a window of time during which a video is not for sale to the general public. Only rental stores can buy the video, for may times the retail cost.

    6. Re:Yeeeaaaah. I'm sure that's fine. by Anonymous Coward · · Score: 0

      ummm. Look at what's written on the tape. You cannot rent it. In fact, you aren't even supposed to borrow them to friends. You could actually sell them the DVD for nothing, but you would have no way to repremand people for not returning the DVD.

  14. When they allow.... by josh+crawley · · Score: 0, Troll

    When they allow PSX games and ISO downloads, I'll play.

    Of course, I'll NOT burn them to cd.......(heh)

  15. This will last real long. by NoMoreNicksLeft · · Score: 3, Insightful

    I mean, I expect the first corp bot to "check out" all the roms within a few weeks, and never release them.

    Didn't scientology do this court records, at one point?

    1. Re:This will last real long. by endoboy · · Score: 1

      no problem-- just like at the public library, charge a fine if it isn't returned on time...

    2. Re:This will last real long. by Anonymous Coward · · Score: 1, Insightful

      So you kick them off! You set a restriction on the number of simultaneous "check-outs." It's just like your friendly local public library.

    3. Re:This will last real long. by markmoss · · Score: 2

      Only they'll probably check them out under a temporary web address & false ID, changing them several times a day...

    4. Re:This will last real long. by Anonymous Coward · · Score: 0

      Except it's digital. And automated. And commercial. And doesn't involve a physical object.

      Come to think of it, it's nothing like a library, so stop using that analogy.

    5. Re:This will last real long. by Wateshay · · Score: 2

      Then they're committing fraud, and are in legal hot water themselves.

      --

      "If English was good enough for Jesus, it's good enough for everyone else."

    6. Re:This will last real long. by nomadic · · Score: 1

      Uhh...they won't do it, because it would be insane. I mean, paying someone a salary to make sure that nobody's renting Krazy Klimber would just be off-the-charts crazy.

      "So what did you do today, Jim?"

      "Well, I made sure people can't get Bump N' Jump from that site I told you about."

      "You wasted time doing that?! Just to make sure nobody on the internet can steal Bump N' Jump?!"

      "Well, actually it just means nobody on this site can."

      "What?! You spent time making sure all those people on that site can't take it?"

      "Actually the site is set up so only one copy can be used at a time."

      "So you actually took time making sure one person couldn't play Bump N' Jump. Jim, you're fired."

    7. Re:This will last real long. by NoMoreNicksLeft · · Score: 2

      This would be funny, if you weren't wrong. They already employ people to do this, and some of them are passably technical. A better example, would be some flesh-eating lawyer congratulating a programmer with low ethical standards about writing a script to "borrow" thousands of roms at a time, simultaneously.

      And if you read my other posts, you'll see why they would bother to spend even that much effort.

    8. Re:This will last real long. by NoMoreNicksLeft · · Score: 2

      Yeh, it's also illegal for them to DoS p2p netwo...

      Doh!

    9. Re:This will last real long. by 42forty-two42 · · Score: 1

      They aren't DoSing. They are distributing media which is totally useless over P2P.

    10. Re:This will last real long. by Anonymous Coward · · Score: 0

      They will have to return them, to check them out under a new ID, and every time, someone else will be in front of the line.

  16. Well put. by supabeast! · · Score: 3, Insightful

    "I think its pretty reasonable, but I doubt that the industries will agree."

    Well, I hope these guys have good lawyers, because I doubt that the video game industry is going to just watch this site,and the cops in South Carolina (The apparent home of Jonathan Cooper, the site admin.) aren't among the nation's more liberal police forces. If he's lucky they'll just try piracy charges via some DA unable to comprehend software licensing and such, and not try to sneak in some DMCA violation on top of it.

    Don't drop the soap, John.

    1. Re:Well put. by essiescreet · · Score: 1

      aren't among the nation's more liberal police forces

      Having grown up in SC, and having had multiple encounters with the cops, don't knock 'em until you've tried them... Jonathan is probably OK, that is, if they're as leinent about the DCMA as they are about "underage" drinking and pot smoking

    2. Re:Well put. by pmz · · Score: 3, Funny

      South Carolina

      Well, the gaming site will be safe if it looks like a Lottery gambling site instead of a good-for-nothing Video Poker gambling site.

  17. Too early by SexBot · · Score: 0, Troll

    I believe this application is the kind that the TCPA and Palladium were designed to enable. In lieu of their deployment to consumers, the rule of "THE CLIENT IS IN THE HANDS OF THE ENEMY" still applies, so I'm pretty sure the "content holders" will follow the FSC ("Freak and Sue Contingency").
    Funny to see the same story played out again and again. Maybe we'll even see the same comments stamped out by a dim-witted, cookie cutter of a mind...

  18. Perhaps nintendo will by cardshark2001 · · Score: 1

    Lobby congress for a specific law that allows them to hack this p2p network, and perhaps sell anyone who uses it into slavery, creating a new world economy!

    --
    WWJD? JWRTFA!
  19. Great for porn! by kirkb · · Score: 0

    You could loan your porn to people without worrying about it being returned all (ahem...) "sticky".

    --
    Slashdot: come for the pedantry, stay for the condescension.
  20. is the 'industry' getting paid for it ? by Archfeld · · Score: 2

    if not it won't fly. Everything else is irrelavent...

    "What we can't make money on the net, so let's change it then. What people are using it, SO..."

    --
    errr....umm...*whooosh* *whoosh* Is this thing on ?
  21. But who is going to stop the End user from... by two-bookoo! · · Score: 0
    But who is going to stop the End user from Copying the downloaded ROM?

    Sure, I will borrow it...

    But we all borrow our friends CD's and now have a copy of them. Who is going to stop someone from "borrowing" a COPY of a item, and just keeping a copy on thier box.

    When you get down to it, it is a copy of the item in the first place- They are not going to delete and create the file every time, so they are just sending a copy.

    It won't Work, and they are going to end up in a simmilar situtation as Napster.

    1. Re:But who is going to stop the End user from... by Hrothgar+The+Great · · Score: 3, Informative

      Read their page - it doesn't work that way. You have to download a specially modified version of Nester (which fortunately happens to be a very good NES emulator) that connects to their site and downloads a ROM into the program's memory. No files touch your hard disk.

      Someone would have to waste a lot of time writing a crack, but I guess someone probably will do just that, if only for the challenge.

    2. Re:But who is going to stop the End user from... by Chris+Burke · · Score: 3, Informative

      Waste a lot of time for a crack?

      All you'd have to do is find where in memory the game keeps the ROM, and dump that to disk. Voila, no difficult crack needed. Run the thing through a debugger, and it won't take too long.

      The only way to actually make this secure for more than a day is to have the kind of security called for by Palladium, and I'd rather do without the service, thanks.

      --

      The enemies of Democracy are
    3. Re:But who is going to stop the End user from... by Hrothgar+The+Great · · Score: 1

      You miss the point, of course, that the people for whom it is so simple would never waste their time doing what you've just suggested. It presents no challenge.

      To a young programmer such as myself, that does not sound so simple. I think it would take me a while. I'm pretty sure that half of the posters on Slashdot who brag about what amazing programmers they are are all talk. (No, I'm not talking about you... I don't jump to conclusions like that.)

    4. Re:But who is going to stop the End user from... by Chris+Burke · · Score: 2

      All it takes is one person to decide they want to do it, then post the binary on the web. I can imagine there's at least one capable programmer who would want to turn this service into ROMpster.

      I can't imagine that discovering the slightly different crack for each successive version of Diablo II is very challenging, but they keep showing up. It must be worth it to someone. :)

      --

      The enemies of Democracy are
    5. Re:But who is going to stop the End user from... by jimbolaya · · Score: 2

      I'm certainly not a fan of Palladium either, but what if it made services like this commercially viable? The game companies are going to fret over this because it does enable and encourage piracy (people need to stop denying or making excuses for this). But what if there was a way, be it Palladium or some other method, that enabled the game companies to profit from this? Something like Palladium might not be not be so bad if it opens new markets like this. The markets speak.

      --

      There ain't no rules here; we're trying to accomplish something.

    6. Re:But who is going to stop the End user from... by Chris+Burke · · Score: 2

      Well, if it was the game companies themselves doing it, I'd hope they'd be like Emusic.com and just trust us to not be thieves. If the ROMs were a reasonable price for 10-15 year old games, I think that'd be a safe bet.

      Otherwise, I say palladium isn't worth it. If the price I have to pay is the ability to control my own computer, then the benefit had better be a damn fucking lot better than some ancient NES games.

      --

      The enemies of Democracy are
  22. Donations by jimmythegoat · · Score: 1

    I have a couple of old games I would like to electronically "donate" to such a cause. Do you think they'll ever set up such a system? Could I "donate" games that I don't have?

    --
    Some people have a way with words, and some people... erm... thingy
  23. Rental-priced videos by torinth · · Score: 3, Interesting

    Blockbuster pays on the order of 10 times as much for a copy of a video that they can rent as compared to the copy that you can pick up at Target. Not having worked at a rental store or anything, I can't speak definatively, but aren't there special restrictions on rentals that extend beyond fair use? And may not this apply? If not in the case of console roms, at least, perhaps in the case of "other media", as mentioned?

    -Andrew

    1. Re:Rental-priced videos by silas_moeckel · · Score: 2, Insightful

      Nope they actualy just get normal DVD's etc to use. They tried to make them more expensive in AU that didn't fly and they havent tried it in the states (but I may well be wrong) Physical representations of things like videos DVD's CD's etc historicaly have be property as long as they stay in the same form, that may be the snag that they are moving around digital bits not say overnight mailing you an actual rom. Our US leaders think that for some strange reasont he two things are different and to some extent they are I could rip a NES cart you could to but joe sixpack dosent want to cant (remember this guy cant get his VCR clock programed and is confused by to many desktop icons) as the barrier to pirating roms lowers to cheap harddrive space, broadband Internet and some adware application that joe six pack can get his local computer expert to install companies get a lot more worried about this sort of thing.

      --
      No sir I dont like it.
    2. Re:Rental-priced videos by Pfhreakaz0id · · Score: 3, Interesting

      I know that my local video store once had PC software for rent, but had to pull it. Guy in the department told me it was because the video game suppliers/wholesalers complained that the copies weren't licensed for rental, only sale. He said the companies wouldn't sell them rental licenses for PC titles like they would for playstation(2)/n64 (this was pre-ps3/gamecube), because of piracy problems so rampant on PC's. Thought it was interesting.

    3. Re:Rental-priced videos by Anonymous Coward · · Score: 0

      Where do you live?

      I find it funny because I have a friend who's dad owns a chain of grocery stores in town. Every month he would receive a list of video games from a distributor which he could purchase, and then rent out. The games cost only $5-10 a piece because they were purchased in bulk.

      I distinctly remember this because my friend would be the one who determined which games to buy...

    4. Re:Rental-priced videos by Anonymous Coward · · Score: 0

      i believe blockbuster pays that much only because
      they receive the copy prior to the general public
      release. you can buy such a copy from amazon for
      about 10 times the normal price.

    5. Re:Rental-priced videos by steveha · · Score: 2

      Blockbuster pays on the order of 10 times as much for a copy of a video that they can rent as compared to the copy that you can pick up at Target.

      I am not an expert on this, but I think there are two reasons why this is true.

      0) Blockbuster will have the video sooner than Target will sell it... and the movie companies jack up the prices on the early sales. First the movies are in the theatres long enough to make money; then the movies are rental-only long enough to make rental money; last they release the movies for sale at Target. Note that Blockbuster can afford to pay big prices for movies since they will make big money on the rentals.

      1) The license for the Target movie is for home showing only. Blockbuster must be getting the movies under a different license.

      steveha

      --
      lf(1): it's like ls(1) but sorts filenames by extension, tersely
    6. Re:Rental-priced videos by Zathrus · · Score: 2

      Blockbuster pays on the order of 10 times as much for a copy of a video that they can rent as compared to the copy that you can pick up at Target

      Depends.

      For movies that didn't make it "big" you can often rent the movie before you can buy it widely -- the studios make VHS copies available at "rental pricing" that is around $80-90 per tape. Takes awhile to recoup the cost, but since you can't get it otherwise, they'll probably make the money back on it (note -- you can actually buy these as a consumer, but you have to find a distributor who will sell to the public and you have to be willing to pay the $80-90 for a single movie).

      For big releases, and all DVDs, the movie industry has discovered that they're better off pricing the tapes at prices that consumers would be willing to buy a copy instead of just renting it. Blockbuster and other rental companies simply buy the same movie you can at Target, Best Buy, etc., stick it in their own box, and rent it. They (probably) pay around $5-15 per tape/DVD, which is recouped in 1-3 rentals.

      DVD never got into the chasm between rental and "priced-to-own" dates, and isn't likely to. There have been a few industry movements to change this, but they've failed pretty spectacularly so far.

    7. Re:Rental-priced videos by NeoTomba · · Score: 1

      Blockbuster pays on the order of 10 times as much for a copy of a video that they can rent as compared to the copy that you can pick up at Target.

      Blockbuster (and any other rental store, and if you look on Amazon, you can find them too sometimes) has the chance to purchase titles before they are released to the general public. The cost? Upwards of $100.

      While this is interesting, it is also something you should remember when renting movies. What do you think happens when you lose/damage one of these $100+ tapes? If your rental store isn't nice (or the movie hasn't seen a normal release yet), you're going to have to pay the full fee. So watch out.

      (Found the first bit of info out when I noticed that Amazon was selling Princess Mononoke on VHS before it came out for like $90 and decided to investigate further. Found the second bit out when, oh, you can figure it out)

      -NeoTomba

    8. Re:Rental-priced videos by NitsujTPU · · Score: 1

      *cough* I think that the reason is that when you loan out a video tape, somebody has the potential to copy it. That and the fact that the video stores get it 6 months before consumers do.

    9. Re:Rental-priced videos by YrWrstNtmr · · Score: 2, Interesting

      I have a local store that does software 'rental'. They are atually selling, but with a very liberal return policy.
      You buy it for $5-20, and then if you don't 'like it', you bring it back in 2 days. If you DO want it, you simply pay the rest of the regular purchace price. Then you get the shrinkwrapped box with all the manuals, etc.

      It is really 'renta;' but I guess they can get by with the way they are doing it. They've been in business several years.

    10. Re:Rental-priced videos by Anonymous Coward · · Score: 0

      Blockbuster is in an unusual place. They do pay a premium for new releases, but because of a deal years ago they only pay royalties in video tapes for the first eight weeks or so. Actually blockbuster gets a deal on these as well because they agree to carry X amount of box office flops along with the hits. This way the studios can try to get wider exposure and recoup losses.

      DVD's do not get these royalties because the MPAA struck a deal in order to help get the format into wider acceptance. The contact ended months ago, but blockbuster has tried to strong arm the motion picture industry into keeping this going.

      The studios set the price artifically high to promote rentals, then after a couple months bring down the price to allow for direct sales to consumers. If you've noticed, more and more DVD releases have been "priced to own" in order to drive down rentals from blockbuster and force them into rewriting their contract (i.e. pay royalities on DVD's as well as VHS tapes).

      Sigh...

    11. Re:Rental-priced videos by HisMother · · Score: 1
      Once, some years back (maybe fifteen or so) I had to pay to replace a video store's copy of "Fritz the Cat" after it fell off the back of my bike onto Mass Ave in Cambridge and was run over by a car. It was like 80 dollars -- an ENORMOUS sum for a starving grad student like myself at the time.

      What happens these days if you destroy a tape -- do you have to pay this elevated price to replace it? Or can you replace it yourself with a $20 copy?

      --
      Cantankerous old coot since 1957.
    12. Re:Rental-priced videos by Pfhreakaz0id · · Score: 2

      just realized reading this later, I meant playstayion/then ps2. I didn't mean to leak the Playstation - 3 HAH!

    13. Re:Rental-priced videos by out_to_lunch · · Score: 1

      Murky waters these, and very fluid. In short, the Supreme Court decided that once renters had bought a retail copy they could rent it. So the studios set vhs prices high to start with to cream the "must see" early viewers then lower prices after a while for general retail sale. DVD's were priced straight at lower [but higher than vhs] retail levels from the getgo to encourage dvd penetration. Then last week [July 26, 2002] Warner Home Video surfaced an attempt at an end run round that Supreme Court ruling by testing a new pricing structure. Retailers will pay $39 per vhs until they hit a goal set by Warner. At that point, they can receive 200% free goods, bringing the per-unit cost of the title down to $13. DVDs will be $27 and $20, respectively. Industry commentators say that Warner is attempting to introduce two-tiered pricing, as it has done in the UK and attempted in Australia [where the courts threw it out], without violating the fair use First Sale Doctrine established by the Supreme Court because rental retailers would have no reason to buy titles in retail volumes, so only retail accounts will be able to take advantage of the $13 price.

      --

      "Congress - the best democracy money can buy"

    14. Re:Rental-priced videos by Anonymous Coward · · Score: 0

      Wow. That's one of the best off-topic replies I've ever seen on Slashdot. I commend you on being quite thorough and authoritative (sounding). I imaginge you're either in the video business or a student. Either way, thanks for the great reply.

      -Andrew

    15. Re:Rental-priced videos by jadbalja · · Score: 1

      I used to be part owner of a video store and a lot of the comments above mine are true. Here's how it works.

      There used to be a big gap between the "rental" release date and the "priced-to-own" release date (on the order of months, and many times never if a title wasn't that popular). This almost never happens any more. These days items are priced to own from the very beginning.

      The studios originally did the rental pricing thing (anywhere from $90 - $100) because they figured it was the only way to recoup money they believed they were losing to video stores. This is because there are no special restrictions on rentals (not on videos, which don't have EULA's restricting their rental -- really, we bought many of our tapes from Target et al).

      Eventually the studios tried releasing some bigger titles at a reasonable price from day one and found that their sales went up. Consumers bought more, and video stores bought more (which is why you see a hundred copies of the big new releases or more when you used to only see 10 or 20 at a lot of video stores).

      I'm willing to bet piracy slowed down as well -- it just wasn't worth the trouble of paying to rent a tape, buying a blank tape and making a copy, even if you had the setup at home, especially since VHS copies degrade from generation to generation).

      DVDs and CDs also don't have EULAs, and don't degrade when copied, which is why the MPAA and RIAA are so hot for building copy protection into PCs.

    16. Re:Rental-priced videos by out_to_lunch · · Score: 1
      Sorry, not clear enough - wasn't meant to be off-topic.

      There are no special restrictions on rentals that extend beyond fair use - that was precisely the point the Supreme Court determined, and Warner are trying to circumvent.

      --

      "Congress - the best democracy money can buy"

    17. Re:Rental-priced videos by Anonymous Coward · · Score: 0

      And nowadays we have EULA's that makes sure that software is never sold, only licensed or rented.

  24. Litmus Test by Zen+Mastuh · · Score: 2

    If it doesn't maximize corporate profits, then it is theft.

    What else could you possibly expect, considering what the media companies pay for Premium Legislative Services in the US and the EU. The idea that you do not own what you have bought is absurd, but the bankrolled politicians are turning that hallucination into a scary reality.

    Anybody in north central Florida got a Donkey Kong ROM?

    --
    "What is the sound of one belly slapping?"
  25. Along a similar vein by Hollins · · Score: 5, Interesting

    I proposed something very similar for mp3s about a year ago on kuro5hin. There were some good comments on the idea's merits and drawbacks.

    Here is a link.

  26. PARTNERSHIP??? biiiig possibility!!!! by Anonymous Coward · · Score: 0

    I believe as if yhere were partners. i could see SNES
    and NES and Neo geo games pased around. Thats great. we all love the old games. But a partner should serve "borrowed" N64, DC,Xbox,And PS1/2 would be alittle hard to have a borrowed actual "Rom image" But would be good for sales on the XB,PS2 games...but would be difficult cause of the copyrights. If only the day would come! Im patiently also waiting for a X-box Emulator for PC Since the x-box is so close to the X86 design. shouldnt be hard for the emulator but i dont think anyone will stand on it... Bleem went down and they were sony hungry..but still. Just keep " /. " real

  27. probably doesn't work in general by g4dget · · Score: 2

    Commercial rental of copyrighted works is governed by its own set of rules. Libraries and some other institutions are special. Perhaps this would work if it falls under fair use, but then you may not have to worry about "lending" anyway.

    1. Re:probably doesn't work in general by fishbowl · · Score: 2

      How would you feel if it were a public library system making the roms available? Would it be the same, or different somehow?

      --
      -fb Everything not expressly forbidden is now mandatory.
    2. Re:probably doesn't work in general by g4dget · · Score: 2
      I don't think it matters how I feel about it :-) And IANAL.

      I suspect that physical rental of the ROMs would be OK (even if people copy them); that's the same with other digital medial like CDs, DVDs, and game cartridges.

      I don't think anybody can say for certain how it would be for electronic rentals of ROMs. I think for e-books there was a lot of wrestling over the issue of electronic rentals over the last few years, and one way or another, it doesn't seem to have become widespread (yet?). Maybe someone knows whether that issue was settled at least legally.

  28. Legal Page by Anonymous Coward · · Score: 0

    I think it is at least worth while to read their "legal" page (http://www.consoleclassix.com/legal.htm)

    "We allow you to rent our games, not buy them. We allow you to access our ROMs, but we don't distribute them."

    1. Re:Legal Page by supabeast! · · Score: 2

      You know what? A legal page isn't worth a damned thing when ten Nintendo lawyers show up for a conference to pressure the local DA.

  29. interesting idea... by bowronch · · Score: 1

    Interesting idea, but it seems doubtful that anyone would go through the trouble given how easy it is to find NES and other console system ROMS online, and how relatively small the files are... you can have hundreds on your harddrive and they take up very, very little space and take very little time to download...

    I wouldn't wait around to check out a copy of Super Mario Bros. when I could just as easily find a web site that I could download it from and keep it...

    --
    My Stuff: pspChess and foobar2000 plugins
  30. What nintendo etc needs to do to END illegal roms: by anotherone · · Score: 5, Informative
    If anyone from Nintendo, Sega, etc are listening, here is how you can either end or severly limit rom trading:

    License a user-built emulator, re-rip every cart for your system, and offer them for sale. Make it cheap- maybe $1 per Rom, or maybe charge per megabyte, or release compilation CDs, or whatever. Don't make it too expensive. Then, advertise it a LOT. Make the emulator easy to use, maybe even have it integrated with the buying system so you can play a demo of the game before you buy it, then you can just enter your CC# into the program and you've got the whole thing.

    I like my Roms, and I could get them free by lurking around a dozen shady P2P networks or download sites with gay porn banners for hours, or I could just pay a few dollars to get the same without any work on my part.

    Sega actually does something close to this already, they've licensed the KGen emulator and sell a couple of the Sonic games for PCs in stores. I know this because I own them all.

    They don't sell any carts anymore, so they've stopped making money from them. With this system, they'll start making money from them again, as well as get an ASSLOAD of publicity.

    --
    Username taken, please choose another one.
  31. Get real.... by Rahga · · Score: 2

    If this was legal, then where is the N64 emulator and N64 roms? And why doesn't NetFlix.com start checking out DVDs in online form... it would reduce tons of overhead as far as shipping goes.

    Ultimately, he does not own the copyright of those games, and making them availiable online would probably count as an unauthorized form of distribution.

    I'm not disputing the chance that this guy owns all of these titles, mind you.... Though I've never heard of "Hogan's Ally", most of the games on that list are common, and the fact that he only has 2 Mega Man ROMs up indicate that he may indeed be late to the game as far as collecting goes.

    1. Re:Get real.... by Anonymous Coward · · Score: 0

      And why doesn't NetFlix.com start checking out DVDs in online form... it would reduce tons of overhead as far as shipping goes

      Oh get real.

      It is cheaper for them to ship it to you than to send the 4-18 GB to you. Furthermore, unless you have a really nice pipe, this transfer would take forever, and obviously you would need a nice chunk of space on your side (sure HDs are cheap, but I dont know if i have 10 GB lying around just to watch a movie).

      *That* is why netflix.com doesn't do it that way. It has nothing to do with fair use, DRM, DMCA, etc.

    2. Re:Get real.... by jdunn14 · · Score: 1

      In case you care, Hogan's Alley was a old Nintendo (not original not super) which required the light gun. You shot cutouts of the badguys like a shooting gallery.

    3. Re:Get real.... by Rahga · · Score: 2

      I know this. It's not the same game as "Hogan's Ally", whatever that is ;).... I own Hogan's Alley myself, as well as a ton of NES and a few Famicom games.

      A small sample...

    4. Re:Get real.... by macrom · · Score: 1
      And why doesn't NetFlix.com start checking out DVDs in online form... it would reduce tons of overhead as far as shipping goes.

      A bit offtopic here, but...

      1) It only costs 50 cents or less to ship a DVD. They just send you the disk in a paper envelope, nothing special.
      2) I don't even want to KNOW how much bandwidth they would have to pay for each month to stream DVDs. I would say $100,000/month to run a site, minimum.
      3) Writing the software would cost money. Licensing the software would cost money. Providing tech support to people would cost money. If you did none of these things, you wouldn't have a wide-spread business like NetFlix currently enjoys.
      4) Many people have a DVD player or PS2 or Xbox. Not as many have a computer capable of playing a movie back in high-quality format.
      5) It's more fun for the family to gather around the 36" TV than it is to gather around the 17" monitor.
    5. Re:Get real.... by rudiger · · Score: 1

      um, every n64 has been ripped and is available in rom form. and the emulators are out there too.

    6. Re:Get real.... by Rahga · · Score: 2

      I'd like to thank everyone who completely missed the point of my N64 and DVD points. It was simply that these guys are using the NES ROMs because the copyright holders don't pursue old media nearly as heavily as they do to new media.

  32. read the site by Anonymous Coward · · Score: 0

    Nintendo already sent them a "Please stop" letter quite a while ago. The owner of CC replied with a complete explanation of the programs workings and there has been no response from Nintendo since then. The program keeps the game in RAM at all times, and even if somebody does figure out how to keep the games; I don't see rental stores beeing shut down by Sony because people can make an ISO of any PSX game they rent.

  33. What does the license say? by Nukenbar2 · · Score: 0

    Well, what does the legalize in the back of the book say as to copies? I'm sure that if it even allows it, it only allows it for your own personal use. I seriously doubt that this type of trading is allowed.

  34. Value by Restil · · Score: 2

    These roms have no real market value as far as the games themselves go. They're not sold new anymore, and for the most part, they're not sold used either, unless you can find ebay auctions or a garage sale. However, the roms for all of them are available online. They're small, easy to transfer, and players are available on multiple platforms. The cat is out of the bag, and Nintendo and ohers don't have much they can lose from this, but obviously, they'll want their piece of the pie.

    Has anyone tried to work with them on this? About the only thing the games are worth to them is the IP rights to the artisitic content. Of course, from my point of view anyway, that content value would only increase if it had a greater market saturation. Nintendo can reasonably expect $0 from the sale of game cartridges at this point. Therefore, if ANY amount of money is offered in exchange for legitimizing the rom sceme, they might be willing to go for it. Its a steady revenue stream from somewhere that no previous revenue exists, and with no work on their part.
    They might just go along with it, grant permission, and forget about it. Just throw a couple ads on the site, provide nintendo with 100% of the profit (after bandwidth and other expenses) and they might go for it. At least this way there would be no concern about legal battles, assuming they go for it.

    And if they don't go for it, you're no worse off than you are now.

    -Restil

    --
    Play with my webcams and lights here
    1. Re:Value by Anonymous Coward · · Score: 0

      They do have value even if not for sale. Perhaps I would like to release the software at a latter date or even port it to something else in the future. As a copyright holder I have that legal right. It may suck what companies do to all of us however thinking that something is not for sale and thereby free is not correct. Sometimes we don't get what we want.

  35. The manufacturers by CaffeineAddict2001 · · Score: 2

    need to start selling roms.

    They need to be realistic:
    There is a demand for them.

    If you make it so people don't have to "hunt them down", i'm sure atleast some people will pay you a buck per game.

    Making a buck per game from some people sure beats making no money because the only way to get ROMs is to pirate them.

    Do they actually expect people to keep thier NES hooked up to thier TV for 20 years?

    1. Re:The manufacturers by SirSlud · · Score: 2

      >Do they actually expect people to keep thier NES hooked up to thier TV for 20 years?

      Don't laugh, but part of it is that they dont want you playing a franchise from 20 years ago when the Nth franchise game just came out for the PS2.

      They don't want you to remember how good it was; they want you to be forced into buying the latest incarnation of the franchise (and/or the "Classics" collections).

      --
      "Old man yells at systemd"
    2. Re:The manufacturers by NiftyNews · · Score: 2

      Yeah, but your logic defies itself. As soon as an "official" library is placed on the net, it will be raided and reproduced in an equally efficient form.

      IE once someone makes a definitive list, it is much easier to just copy and reproduce that efficient list than it is to try and make your own list from file-sharing programs.

    3. Re:The manufacturers by Anonymous Coward · · Score: 0

      > Do they actually expect people to keep thier NES hooked up to thier TV for 20 years?

      Must...Beat...Gannon

  36. Why the need for ROMs? by Colin+Winters · · Score: 2

    I appreciate their usefulness, but what's stopping anyone from going out and picking up old games? Two days ago my roommate bought an atari 2600 and 20 games for 10 bucks. Are people really that lazy that they won't go to a local video game store which sells old games? (of which we have at least two in Champaign). I could understand using roms if you can't get ahold of the cartridge-stuff like Ogre Battle or Chrono Trigger are really, really hard to find. But on the whole, I think getting ROMs is just laziness, and as long as the games are available for purchase if you look hard enough, they shouldn't be downloaded.

    Colin Winters

    1. Re:Why the need for ROMs? by ?erosion · · Score: 1

      1. Save states
      2. Speed up/slow down gameplay
      3. Reliability
      4. Educational purposes.
      5. Game Genie codes done easy
      6. Playback demo movies made by other players

      Just a few reasons. I wish this stuff had been made available for purchase, but it hasn't. So gamers are forced to go underground to get these sorts of functions. It's not a matter of buying the carts; the carts are old hat. They are limited by their physical platforms. An emulator can add to a game's usefulness and value.

      --

      I assert ownership of all trademarks and copyrights on this page.
    2. Re:Why the need for ROMs? by Tall+Rob+Mc · · Score: 1
      Are people really that lazy that they won't go to a local video game store which sells old games?
      Yes.

      However, laziness isn't the only reason for the popularity of emulators and ROMs. Anyone who has owned an original NES system knows that oftentimes, even after only a year of use, they start to require multiple attempts before a game properly loads. I can't even count the number of times I've had to pick up the Nintendo and blow into it (to the point of hyperventilation) just to remove enough dust (or so I thought) that the game would load properly. The main selling point of ROMS to me is that they work every time, which can hardly be said for a 20 year old Nintendo.

    3. Re:Why the need for ROMs? by Vann_v2 · · Score: 1

      Don't forget that many emulators let you play multiplayer games over a network. That's always fun.

    4. Re:Why the need for ROMs? by Chemical · · Score: 1
      Arrr... I concur. Nothing was more frustrating as a kid than wanting to play Megaman, putting in the cartridge, pressing power, and then seeing that aggravating blinking purple screen. Take the cart out, blow, try again, and once more you get the blinking purple. Repeat x30 and maybe it will work. Sometimes you just had to ask God to make it work, cuz blowing in it really didn't do any damn good.

      But at the same time, assuming you can get the carts to work, playing on an old NES does have a certain aesthetic value that emulators can't give you. Not sure what it is, perhaps the nostalgia, but holding that uncomfortable, primitive 2 button controller connected to that ugly gray box, listening to those game bleeps and blips they called music is somehow very pleasing.

    5. Re:Why the need for ROMs? by Anonymous Coward · · Score: 0

      I hate those damn cheap edge connectors that nintendos and super nintendos used.

    6. Re:Why the need for ROMs? by Anonymous Coward · · Score: 0

      I'm having big enough problems finding the PC and PSX games I want. It's been years since I've seen anything older.

  37. seems good by wastedbrains · · Score: 1

    This is a good idea. I know it is similar to mp3.com but honestly this is the kind of battle that really needs to be fought. It is alot harder to say something like this breaks copyright when the original game is a legal copy.

    --
    Dan Mayer: my blog, essays, art, etc
  38. Just like the mp3.com thing by mo · · Score: 3

    This is just what cost mp3.com 400 million bucks. The problem here is that when you copy the ROM from the chip to disk, you are making a copy of a copyrighted product for commercial use. This is illegal. It doesn't matter what you do with the ROM images on disk, once you make the copy you're screwed. The only way for this to work would be to rent the physical rom chips.

  39. Legal Questions About Console Classix? by Anonymous Coward · · Score: 0

    http://www.consoleclassix.com/legal.htm

    At least they did their homework.

    Good luck to them.

  40. Oh Yeah by NitsujTPU · · Score: 1

    This is yet another false layer of security... No offense, but I've seen this scheme before, and it just doesn't make sense.

    Ok, so... user downloads a file as long as there's one available according to the system... Ok, so then when the user is done, they "check it back in" and the program deletes it/changes permissions/so forth to the local copy... What's to stop the user from keeping a copy while it's "checked out?" It IS saved on his machine... Even a user with rudimentary knowledge can break this system so they get to keep the files.

    1. Re:Oh Yeah by Anonymous Coward · · Score: 0

      Read the legal response: it says the images are stored in ram while being used, not saved to disk.

    2. Re:Oh Yeah by NitsujTPU · · Score: 1

      You can copy things from ram into files relatively simply.

  41. Re:My God by tmark · · Score: 2

    The more that I read about file sharing, the more that I realize that most "freedom of information" types on the Internet are not concerned about distributing information. They're notconcerned about preserving information for future use. They're only concerned about getting copyrighted material for free. Copyright owners be damned, I want my free
    music/movies/ROMs/software.


    Thank goodness, a reasoned voice in the cacophony of hypocrisy. I often wonder what kind of reception would be had if someone setup a P2P service with all sorts of GPL'ed software, with all the GPL licenses/comments/etc. stripped, out allowing users to escape encumbrances which really aren't different in spirit than the encumbrances attached to the properties most commonly traded on these networks.

    Think there'd be hell raised ?

  42. Re:What nintendo etc needs to do to END illegal ro by liquidsin · · Score: 2

    If I were in a position to do it (hell knows I'd love to work for Nintendo...) I'd do pretty much what you just said, but stick to the compilation idea. An emulator, a nice front end for choosing your game, and a couple thousand roms would probably fit nicely onto one of those GameCube discs. Bundle it with an old-school NES controller that's been adapted to plug into the cube, and sell it for $30-$40. Do the same thing on cd or dvd for the pc market, with a usb version of the controller. Hell, if the licensing fees aren't prohibitive, release versions for XBox and PS2. Pay attention Nintendo: THERE IS MONEY TO BE MADE HERE.

    --
    do not read this line twice.
  43. Re:My God by Anonymous Coward · · Score: 0

    I'm sick as 5h17 at those who continuously spout off about the "consequences" of piracy without being able to show REAL evidence of any.

    I'm not advocating piracy, and don't doubt that those huge factories that churn out bootleg MS CD's for China have probably lost MS some revenue (I own stock, yes). Come on though, downloading Britney's latest song hurting her record company...doubtful.

  44. Wanna hurt the MPAA/RIAA'? End Media Addiction by goldspider · · Score: 5, Insightful
    The problem can be traced bck to the most basic economic principle: supply and demand. The fact that there are so many people out there who are trying to create the latest flavor of file-sharing only proves that there is still a huge demand for media. Naturally, the industries do whatever they can to make a buck off of that demand, and prevent anyone from taking that market-share away from them.

    Which brings me to the main point of this post. The various media industries view us not as citizens, but consumers. We all know this, and many of us resent that fact. The solution? Stop being a consumer!

    I am not a psychologist, by any stretch, but I would suggest that some people are downright addicted to media. For some, they need to have music playing all the time. Others seek only to collect hunderds of gigabytes of media they may or may not have any intention of viewing/listening to. These are the people the xxAA's want to sink their hooks into, because there is the most money to be made from them.

    So how about this. Cast off your media addiction and go do stuff that shows the various entertainment industries that they and their product are not needed/wanted. Find other hobbies/activities that don't support the monopolistic organizations. Maybe pushing the idea too far here, but maybe take up a sport!

    We will always be considered consumers first as long as we behave like consumers. If we want to show the entertainment industries that we don't like what they're doing, remove yourself from their market pool.

    --
    "Ask not what your country can do for you." --John F. Kennedy
  45. Probably copyright infringement, ala my.mp3.com by Eric+Seppanen · · Score: 2
    Anybody remember the my.mp3.com lawsuit? The court found that making a copy of a copyrighted work is infringement, even if there's a real, honest, copy out there somewhere restricting who gets access to the copy.

    So as far as the law's concerned, it doesn't seem to matter one bit that there's a stack of legal cartridges in the corner. If copies have been made and are downloaded to customers, it's infringement.

    Just another area where common sense and judicial rulings disagree. Of course, my.mp3.com was just one case, and maybe another judge will disagree.

    --
    314-15-9265
  46. It's no different than renting... by Kakarat · · Score: 5, Interesting
    It's just more convenient this way. I remember there was a business in town a while back that rented software for the PC: games, applications, antivirus software (you know for those only needing temporary virus protection!). They lasted for many years until they were threatened with a legal suit because the rented software (typically for 3 or 5 days) which promoted piracy. So they shutdown for a few days then came back with a new policy: selling the software at their old rental price and after 5 days, if you haven't returned it (for any reason at all - no questions asked) then they would charge you full price.

    So if they physically have the ROM and can provide a good checkout system, then how could this be any different than renting the game at blockbuster? Even if the ROM could be copied...the same argument could be said about renting the game at a video store. Besides, SNES and NES games are getting to the point that they aren't selling hardly at all.

    --
    "I bet I'll get blamed for this." --Mayor Quimby
  47. Fat Chance by vitaflo · · Score: 5, Interesting

    I don't think Nintendo would like this one bit. They state quite clearly that they are against ROMs, Emulators, and the like. I'm pretty positive Nintendo would come down hard on anyone who would try such a thing. I even know of "underground" ROM sites that don't put up any Nintendo ROMs for download for fear of being shut down by Nintendo. They're highly agressive with their IP.

    1. Re:Fat Chance by 0x0d0a · · Score: 2

      You could say that. A quote from their site:

      How Does Nintendo Feel About the Emergence of Video Game Emulators?

      The introduction of video game emulators represents the greatest threat to date to the intellectual property rights of video game developers.

    2. Re:Fat Chance by Kredal · · Score: 1
      Sure, you could say that (and get modded to 5), OR:

      You could actually go to the site, and read the letter that Nintendo sent them, and their reply.

      Read it here

      This exchange took place June of 2001, no contact from Nintendo has been made since.

      --
      Whoever stated that signature sizes should be limited to one hundred and twenty characters can just go ahead and kiss my
  48. Re:My God by dasunt · · Score: 5, Insightful

    What? How did this get modded up?

    The 24-hour trial period is a myth. However, reverse engineering old consoles is not legally shaky. Look at the faqs on MAME.org or some other respected emulator site.

    As for dumping cartridges, other then any possible DMCA concerns, it is 100% legal. Fair use, remember? As for transferring copyrighted material from an owner to a borrower, I did that last week at a local hangout known as the 'library', which allowed me to grab a few books, music CDs, and VHS tapes.

    As for 'copyright infringement', I would be willing to bet that in 50 years, the only reason that some of the early 70's and 80's era games exist are because of emulators. Heck, right now, MAME emulates games that would be physically very difficult to find. Atari cartridges are also deteriorating over time. Sure, the guys who pirate the latest XBox and PS2 games are scum who aren't willing to pay for game developments, but there are guys who are into emulation for the old games which aren't available anymore. Games are a work of art, why let them be lost? Preservation has always been an admirable goal.

  49. Re:My God by windex · · Score: 5, Interesting

    Last time I checked I was no longer able to buy brand new original 8-bit Nintendo cartridges.

    I still own a brand new 8-bit Nintendo.

    It works fine.

    I am prevented, from a legal standpoint, of any easy way to back up or restore games to and from cart's, as far as nintendo is concerned.

    Nintendo may have this right, but in reality nintendo does not provide replacements for the cart's themselves, how do you deal with that?

    What rights to software owners have when software is abandoned?

    None?

    It's one thing to pirate music you can go buy from a store, I tend to beleive it's another thing alltogether when you download a replacement copy of software you honestly do own -- but even if, the law has made it difficult to put the game back into a cart for play on the original system, so when you talk about roms+emulators, then everyone automatically assumes you stole XYZ and your a damn dirty ape just because that's what corporate america has spoon fed them.

    Mabye you should start thinking more about freedom and less about being pissed at people who cry wolf early and often to preserve your rights.

  50. Re:My God by BoyPlankton · · Score: 2

    You people have to be kidding. "Sounds reasonable"? "Borrow" ROMS? "I wonder if this will allow an end-run around some of the questionable legality of file-sharing"? Here's a hint - NO!!!

    So what you are saying is that it's illegal for me to loan my game cartridge to my friend for a couple of weeks. That the only way I can buy something and loan it to my buddy is to have him come over and play it on my game console?

    Dispite what you may read on the Internet, it is not legal to make a "backup" copy of any modern media.

    Care to tell me why I can't? Maybe you could cite some legal statute? Maybe a court case that backs up your point?

    BTW, Title 17, Chapter 1, Section 107 of the U.S. Code allows for backup copies of media if they are non-commercial in nature and don't affect the marketability of the copyrighted work.

    IANAL, but it seems to me that this backs up both sides arguments. First of all, it's technically a commercial use since there's a company behind this. Second, it affects the marketability of the games. However, on the other hand, it doesn't affect the games that are currently no longer on the market. Seems to me there really should be some place that I could go buy/play games that I can't get any other way.

    This is one of the F***ed up arguments made by IP apologists. Once someone makes something and sells it, that it should be that persons property forever. That was never the intention of copyright, nor should it be. Nowadays we have great novels that are out of print, and nobody is allowed to print new copies of them because the current copyright holders won't let them. The same goes for video games and movies. If you're going to let this stuff just sit in a vault somewhere tell your copyright expires, then you should lose the copyright to it. It's far too valuable to waste like that.

  51. Re:My God by Anonymous Coward · · Score: 0

    Try reading the method that this site uses to deliver the servce, first of all it IS LEGAL under fair use laws to make one backup copy of software that YOU OWN outright (though it must be destroyed if the original is ever lost/stolen/sold/etc). These people legally used their games to make their roms and in the process took every measure possible to ensure the legality of what they where doing. The client keeps the game in RAM at all times to prevent (or at least combat) piracy.

  52. Of course... by Anonymous Coward · · Score: 0

    If this ends up catching on, the game for you as an author will no longer be to create something of enough importance that it will be of interest to the greatest number of people over the next few decades, but rather it will be to create a sensation that results in the greatest number of people experiencing your art simultaneously. It will be a matter of the 1-day fad, where everything will be hyped worse than today's "we-the-entertainment-industry --
    of-the-united-states-of-america --
    have-ordained-that-X-is-the-summer-blockbuster .
    You-will-see-it-within-opening-week --
    resistance-is-futile".
    It will be a matter of getting a million people to view your art simultaneously, for then you have sold a million copies. (Versus a scheme in which your artwork is interesting for decades to come, but is viewed in a staggered scheme. I'll read it today, a friend of mine will read it tomorrow, etc."
    You wouldn't need many copies of War and Peace to allow everyone in the U.S. to read it sometime or another.
    Many less than would be required to let everyone hear the new Spears single just as it comes out....

    Is that what we want of our artists? To create 1-day sensations? Or lasting works of art....

    I think that a much better scheme would be like this: I as a consumer will allow my devices to record, in an anonymous way, all the art that I consume. I will receive all art for free, but will pay $80/month for the privilege. In a month a person has 30*24*60*60=2,592,000 potential seconds. Of the seconds that I use up, each author gets her share of my $60.

    The problem in this second scheme arises when the quality of the art, or possibly the amount of time one spends on it, is not in proportion with the amount of time spent on it. For example, an accurate map of an uncharted island is possibly worth a great deal to you and to a few other people who must navigate it, but although the whole of the work must be accurate (a difficult prospect!) it takes very little time to look up the part of it with which you yourself are concerned. Another example: If I am reading a scientific study that tells me that I should not be willing to try recreational drug xyz because of its inherent dangerous-ness, (or conversely, that I should have no qualms about trying marijuana, because of its inherent inoccuousness) this information (more specifically, the scientific process and wealth of research behind it) is worth a great deal to me, even though I might spend very very little time actually reading in detail the publication of those results. Do you see? I might want the information in a huge $90 book of scholarship, but that information might take me 5 minutes to take, "on faith".

    So a good system of compensating our artists addresses the following issues:
    1. The greater extent to which the art becomes a lasting part of our cultural heritage, the more the artist should be compensated. Genius should be its own reward.
    2. The more frequently compelling a work of art is, the more it should be rewarded. Although an artist should be duly compensated for producing 1 work of such importance that everyone will want to be familiar with it (some highly successful movies are like this, many a book), in general if it's not a matter of "Have you seen this (once)" but "would you like to go see (that again)", the reward should be still greater.
    3. Compensation should be commensurate to some extent with the amount of time and effort put in by the artist. We don't want artists "set for life" with 1 work of staggering genius, so that they are not financially compelled to produce more. At the same time, if that "one work of staggering genius" takes a lifetime of research, then there should be compensation for it.
    4. Etc. (I have to go, sorry. This isn't a troll, but if my ideas are worth discussing, do reply, and perhaps I'll join the discussion.)

  53. Clever idea... by BuR4N · · Score: 1

    Its a good idea, but they probably will have to have a deal like public libraries or the local video store in the end... but honestly, with the climate today I think it will just end up in court, the (record/movie/game/insert-another-here)industry is terrified by anything distributed digitally and its get no better if its done by a P2P network.

    --
    http://www.intellipool.se/ - Intellipool Network Monitor
  54. Suggested this a while ago by digitect · · Score: 2

    Wow, I suggested this not too long ago on SlashDot:

    "High speed CD brokerage house"

    Nice to see someone implementing it.

    --
    There is no need to use a SlashDot sig for SEO...
  55. Government and information by Anonymous Coward · · Score: 0, Troll

    Laws are for sale in this country. Those who purchase the laws are the lawmakers. Lawmakers are part of government. The people own the government. The people own what the government owns. Those who purchase laws cannot complain about intellectual property because as part of the government, they and everything they own, are possesions of the country at large.

    If you ignore that bribery is a real force in government, those who bribe get to exist in a
    space where law does not apply, at the expense of everyone else. A network of parasites is running the country. The same criminals involved in the stock market manipulations are the same who bribe government officials. The direction of an entire nation is being dictated fo the personal benefit of a small unscrupulous few. This cannot continue for long. While the nation is driven to benefit the corrupt few, it is not being driven for the benefit of the nation. Like a body will sicken if it's no longer driven to eat, breathe, or sleep, a nation driven towards goals other than it's integrity will sicken as well.

  56. More like by hope1ess · · Score: 1

    This is more like the game-rental system EB had on their website for a while, where you could download current games, play them for a set period of time, and then their system forced the uninstall/disabling of the game.

  57. Re:What nintendo etc needs to do to END illegal ro by anotherone · · Score: 1

    I hadn't even thought of the Gamecube angle- that's a great idea. I'm sure that there are a lot of people at Nintendo who'd love to do this, but it's almost certainly the lawyers who won't let them.

    --
    Username taken, please choose another one.
  58. Good Idea, but... by essiescreet · · Score: 1

    It's not really like file sharing stuff today in one important sense.

    Todays filesharing systems make unlimited copies (one for each person who downloads) of files, which makes more available for more people. So, the number of images of the file actually grows the more it is downloaded, so the queueing stays in check. With a "finite number" of ROM's, as the demand grows, the queues grow, and you just wait all the time for others to release the files.

    This would not be an enjoyable way to play a game, like going to six flags on memorial day when they're not charging admission, and letting people who get on a ride ride it as many times as they want. Sure, it's free, but who the hell wants to be there all day and only ride one ride...

  59. No. by esme · · Score: 2
    mp3.com tried this, remember -- my.mp3.com. there defense was that they required people to prove they owned the CDs, and then they'd let them listen to the music. That's even more controlled than this, which lets you access stuff you have never bought.

    mp3.com got busted, big time. expect the same here.

    -Esme

  60. How to enforce it? by connsmythe96 · · Score: 1

    What happens when people start borrowing and then copying? I know it's the same as copying rented movies, but they've already lost that battle. That won't stop them from making the same argument here. The best they could do I guess would be another stupid FBI warning. (Which is pretty funny to see in a DIVX)

    --
    if(!cool) exit(-1);
  61. Re:My God by Chris+Burke · · Score: 2

    Hi.

    Despite what you may have read in your EULA, it is legal to make a backup copy of any modern media. Also, emulators are not on shaky ground because of reverse engineering, since reverse engineering is also legal. Granted, there may be DMCA implications if the result of reverse engineering an access mechanism is the ability to escape it, but that's really a separate issue. It's also legal to borrow a copyrighted work from someone.

    Not that I think this will fly, nor that it should. Obviously "borrow" is going to become "copy", at which point it's just sharing copyrighted material no different than Napster. And at that point, you're right, it's not legal. So we basically agree that this is a bunch of crap, I was just pointing out that most of what you said was illegal isn't.

    --

    The enemies of Democracy are
  62. Old games != easy to find by freeweed · · Score: 2

    I've spent the last 3 years building up a pretty decent classic cartridge collection. At this point it's up to several hundred or so. Not a single one was purchased at a video game store, as the oldest thing anyone sells here (Canadian city with a population of over 700,000) is Sony Playstation games. The profit just isn't high enough for stores to carry Super Nintendo, let alone Atari games anymore.

    How did I accquire all of this? 3 solid years of hitting several hundred garage sales per month, and visiting the local junk shops at least once a week. That's a hell of a lot of work, and it's a good thing I really enjoy doing it. But there are literally hundreds of games I've always wanted to play, and simply cannot find. I'd much prefer the original, both for the authenticity in playing, and the collecting factor - but in many cases, I simply have no choice but to download the ROM image. Paying some guy on Ebay $200 for a rare Atari game doesn't put one dime more into the pocket of the copyright owner, so who's it hurting?

    --
    Endless arguments over trivial contradictions in books written by ignorant savages to explain thunder in the dark.
    1. Re:Old games != easy to find by AvitarX · · Score: 1

      Wow, I am realy impressed, you were able to find 10 garage sales a day, and still have time to eat, sleep, and presumably make enough money to survive?

      Come on, if you are telling a story about ho hard it actually is to find games, don't use hyperbole, be honest.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    2. Re:Old games != easy to find by freeweed · · Score: 2

      Actually, on a good weekend, it's easy to hit 150+ over the 8 hours or so people usually run them. Garage sales are a big thing here, and it's very common for a street/block/neighbourhood to hold massive ones - I think my record is about 30 in an hour. Do that 16 hours a weekend, 4 weekends a month.. well, I'll leave the math to you.

      In fact, the first weekend of September I don't even have to drive anywhere - the neighbourhood I live in is holding its annual sale. Last year there were over 300 sales listed.

      As for eating and sleeping and working... what do you think M-F are for? :)

      --
      Endless arguments over trivial contradictions in books written by ignorant savages to explain thunder in the dark.
  63. Re:My God by Storm+Damage · · Score: 5, Interesting

    Before you go making forcefully declarative statements about Copyright Law, maybe you should actually read it.

    While I agree with your assessment that 24 hour trial periods are not legal, the other activities you decree against the law are under no such prohibition. For instance, the Audio Home Recording Act of 1992 specifically allows consumers to make backup copies of any digital media they purchase for the purposes of archival and protection against media damage.

    I also don't see what possible legal arguments can be constructed against "Borrowing". U.S. Courts have consistently held up the "First Sale" doctrine for copyrighted works. When you purchase copyrighted work on any media, you are legally free to dispose of that particular copy of the media in any way you choose, save distributing multiple copies. You can give it away, loan it out, rent it, lease it, or sell it to a third party. Studios, and later game companies tried to sue video rental chains for renting movies and games when that practice first started, and the rental outlets won. This is really not much different, although a savvy IP lawyer might argue that the vaguaries of "ephemeral copies" made in internet transmissions make this a totally different ball-game. It is uncertain, sure, but hardly the cut-and-dry sort of case you're claiming.

    Another question I have is how is emulation on shaky ground due to reverse engineering? Reverse-engineering has been held to be perfectly legal in hundreds of court-cases, at nearly all levels of the judiciary. Even video-game emulators have been held to be a legally permissible product of reverse-engineering technology for compatibility purposes, in the case Sony vs. Connectix Software. Case law is firmly on the side of reverse-engineers in this regard (unless of course patents are infringed upon, in which case there is no need for reverse-engineering anyway, since the patent definition is a publicly available spec of the technology in question).

    You seem to have a strong emotional feeling on this issue. I don't care to argue the philosophical or moral issues involved in freedom of information, or the balance of the right to share knowledge against the benefit of providing knowledge generators with a socially useful reward for their activities, because your tone indicates you are not capable of conducting such an argument in a rational and civil manner.

    I will, however, happily correct your glaringly false statements about the law regarding these issues, as it has nothing of the black-and-white clarity you seem to think it has.

  64. Re:Wanna hurt the MPAA/RIAA'? End Media Addiction by Anonymous Coward · · Score: 0

    and the thousands of companies that are owned by a media company. cant buy sony electronics, many brands of cars because they have a sony cd player etc in it.

    keep going with that idea, and what cant you purchase now, that is not music/movies etc, but still come from those companies in one way or another

  65. Consequences? by Steveftoth · · Score: 1

    On one hand I totatly agree with you that people just basically want to get stuff for free and all these people just want their copyrighted material for free.

    On the other hand, it's way to hard to get this material in any other fashion. When talking about
    a 16K video game from 15-20 years ago, I mean how in the world are most people going to be able to play these games? Nobody is making these machines anymore, you have to find 2nd hand shops and hope that they have what you want, most of the time they don't.

    It is not legal in the slightest to distribute, or play these games with emulators since copying them is very hard to justify. However, Video games are a part of modern pop culture, here today, gone tommorow fad like trends. All games have followed this pattern, with the exception of a few (Ms. Pac man, Galaga come to mind) Most games from more then ten years ago are gone, nobody is willing to sell them anymore. Where do I go to buy a new copy of Mr.Do, the Last Ninja, Way of the flying fist, River Raid, keystone cops (sp), or a hundred other games? The timeless games get remade for new systems (GBA) and the crappy ones get rolled into the next generation of pop culture video games.
    Does it hurt publishers of video games when you copy a ten+ year old video game, yeah a little. It's small enough to put it in a grey area since so few people actually care.

  66. Re:My God by jsonmez · · Score: 1

    First of all, yes the true motive behind all of this P2P stuff, and loopholes is getting free stuff you would normally have to pay for. People like free stuff.

    Second, the other motivation is simply this. If I can copy some zeros and ones to my hard drive, then find a program to turn those zeros ones into pretty moving pictures that I can use to play games or do other stuff I need to do, well I don't really care who wrote the software or if they make money because it's my computer processing my zeros and ones. IP is basically just a bunch of BS anyway. Who cares about IP? Not me, not many people do. I am a software engineer I write software and try to sell it, but what I am really selling is the pretty little box and instruction manual that I am packaging and the ease of getting it buy paying for it. If someone cracks, steals, copies, my software I don't care, (doesn't mean I won't try to make it harder to do), but really I think someone has a right to copy whatever they want to thier own computer, whether I was the one who created this unique combination of zeros and ones or someone else did. So yes, I am glad to support the piracy of software, but I also buy software and games, because I like to have the shiny little instruction booklet or because I want to support that company. But I have a choice to do so, and I always will, because you can not protect your zeros and ones, because no matter what the law says you will never own it. Now if you are selling someone's zeros and ones, that's different, but most bucanneers don't sell pirated software they use it for themselves.

    Basically no matter what laws are imposed there will always be loopholes as far as this is concerned, because people (no matter how much they refuse) generally deep down agree that they should basically be able to do whatever they want with something as trivial as zeros and ones stored on a magnet.

  67. Re:What nintendo etc needs to do to END illegal ro by bugg · · Score: 2
    I think a big question is how much the copyright holder should be receiving for each rom. I am not an industry insider, I have no idea what royalties are for video games, but I doubt each copyright holder would be thrilled about only making a few cents per game- especially if they had any Q&A.

    $40 divided by 1,000 roms is 4 cents each- and would be much less (2-3 cents) when you account for the cost of providing the compilation itself. Is that fair? It's certainly a far cry from the original poster's $1 per game.

    On a side note, I own an infocom text game CD-ROM collection, and it's neat. Really neat. But infocom had long been bankrupt and their assets sold to activision, and text games are far from popular, so they probably didn't have any choice (whereas NES games and newer still have large potential markets)

    --
    -bugg
  68. Pretty reasonable? Pretty illegal by anthony_dipierro · · Score: 3, Informative
    Notwithstanding the provisions of subsection (a), unless authorized by the owners of copyright in the sound recording or the owner of copyright in a computer program (including any tape, disk, or other medium embodying such program), and in the case of a sound recording in the musical works embodied therein, neither the owner of a particular phonorecord nor any person in possession of a particular copy of a computer program (including any tape, disk, or other medium embodying such program), may, for the purposes of direct or indirect commercial advantage, dispose of, or authorize the disposal of, the possession of that phonorecord or computer program (including any tape, disk, or other medium embodying such program) by rental, lease, or lending, or by any other act or practice in the nature of rental, lease, or lending.
    http://www4.law.cornell.edu/uscode/17/109.html
  69. Renting Question by kneeo · · Score: 0, Offtopic

    Do Rental car companys like National, Budget, Alamo, etc, have to get special licences from Ford, Dodge, Chevy, etc to rent their cars/trucks to people???????

  70. L-O-F'n-L by Wind_Walker · · Score: 2
    ...respected emulator site...

    Is there such a thing? Every emulator site that I've ever been to has been populated by the scum of the Internet, pushing their warez as being legal and not an infringement on the intellectual property of hard working men and women. Someday, you'll make a piece of software, pour your heart into its development, and then watch as it's stolen by thousands of children downloading it from the Internet. Then tell me about how pirates aren't evil.

    Re: Dumping cartridges, you can only do that if the EULA (in the back of game manuals) explicitly allows it. This site is hosting Nintendo games. I know for a fact that every licensed Nintendo game explicitly forbids copying of the games, including "dumping" the ROMs for "backup" purposes. The only exception is Gauntlet, one of the few non-licensed games for the NES. Now, whether Nintendo is justified in preventing copying is an argument for another time.

    The library analogy is flawed. There are consequences when you move from meatspace to cyberspace, and that means that direct analogies are inadequate. The biggest problem is the easy with which you can copy the copyrighted work. In meatspace, such copying is irrelevant because of the time and materials involved, and even then, it is not exact. In cyberspace, the copy is simple (ROM is stored in memory, hell, I could write a 2-line program to save that to the hard disk). The copy is exact. The copy can be done thousands of times with no degredation. THAT is the difference between cyberspace and meatspace. And that is why this is illegal.

    And I'm sure that the 14-year-old kiddies who are downloading these games are doing it for the "preservation of art". What a load of bullshit. If you honestly believe that people aren't downloading ROMs to play games for free, then I admire your naivete. Actually, no, admire isn't the right word.

    I pity it.

    1. Re:L-O-F'n-L by Anonymous Coward · · Score: 0

      You are obviously a bitter man.

      Re: Dumping cartridges, you can only do that if the EULA (in the back of game manuals) explicitly allows it

      This gets right into the legality of EULAs. If your CD case said you couldn't copy it for anything, would that stop you from making a tape of it for your car? Would you really believe that should be illegal? Why should Nintendo have a say in what I do with *my* copy of the game, so long as I am not infringing the copyright (which a "backup" copy does not do.)

      Furthermore you assume everyone who is doing "bad things" on the internet is a kid. Look around.. there's more of us than them on the internet, and we've been here longer.

    2. Re:L-O-F'n-L by Wind_Walker · · Score: 2
      You are obviously a bitter man.

      No, I'm just sick and tired of software pirates continually circle-jerking themselves, saying "It's ok, we're preserving the art/only trying them out/playing illegal games we own."

      As for your "legal backups", I point you to this comment that I made regarding the US Code of Laws, as well as this comment about the Audio Home Recording Act. If you would care to reply to any of these comments, please do so. I'm waiting for refutations of my readings.

  71. Re:What nintendo etc needs to do to END illegal ro by Anonymous Coward · · Score: 0

    The obvious problem to this is licensing. How much of a share are you going to pay Konami, Capcom, Enix, or any of the other NES licensed developers to use their titles. Sure Nintendo owns the system, but each company will surely want their piece of the pie from any rom CD.

  72. Won't fly. by Pig+Hogger · · Score: 2

    It won't fly, for a very simple reason: "Content producers" will not be able to make as much money as if they sold one cartridge to everyone who borrows one.

  73. Re:What nintendo etc needs to do to END illegal ro by macrom · · Score: 2, Informative

    The only issue I can see with this : royalty compensation to the original authors. I've never seen an agreement that developers must sign with NOA (or any of the console manufacturers), so I'm not sure if NOA has the right to redistribute the ROMs for ALL of the carts for ALL of their systems. With the sheer number of carts out there, it would be hard to track down each and every developer (many of them are probably defunct) to send checks for the ROMs purchased.

    But I do agree with the sentiment -- at the bare minimum NOA should do this for their own titles. I for one would pay a few bucks for each ROM, for each Nintendo first-party title.

  74. Funny by xenocide2 · · Score: 1

    I thought I just heard about a new sonic mega collection being offered for gamecube soon. I hear it will have every sonic on it but Sonic CD (for obvious reasons). And I suspect it will be as unaltered as the super mario advance games, that is to say, better graphics but otherwise unaltered game levels and mechanics.

    --
    I Browse at +4 Flamebait

    Open Source Sysadmin

  75. How does this work? by methangel · · Score: 0

    Ok, Nintendo games, and in fact most games have a strict clause about copying/distributing and using for a public viewing.

    Blockbuster does not copy the games that they rent out, nor does a Library. I think that this plan while good in theory, just won't make it in execution. Yes, information wants to be free, but not intellectual property of conglomerates?

    The other issue that I can clearly see is Nintendo or any other gaming company wanting to have the peace of mind that the copies being distributed are in fact, legitimate copies.

    For all they know, the people behind the company could have mass downloaded the finite Nintendo roms from any number of sites and said "Yeah, we own it." Who is to prove otherwise?

  76. Re:My God by Anonymous Coward · · Score: 0

    what are you rambling about?

    guess what, i can make a website that has all of the license info stripped out. i am not distributing the changes. Its totally legal then.

    if i distribute it, then its illegal. just as if i distribute copyrighted material. but since a p2p creator is NOT distributing the material, only making a medium which can distribute ANY material.

  77. Re:What nintendo etc needs to do to END illegal ro by pmz · · Score: 2

    License a user-built emulator, re-rip every cart for your system, and offer them for sale.

    Exactly. That way Nintendo can offer something that is better than free. Now, if the music industry could just find a way...

  78. my.mp3.com by devnullkac · · Score: 2

    It didn't work for my.mp3.com, so I don't know why it would work here. As I recall, the judge in that case effectively ruled that even though the company guaranteed that a particular copy of music was directly linked to a real CD, it was still somehow "different" from the original and so they were found to be distributing an illegal copy.

    --
    What do you mean they cut the power? How can they cut the power, man? They're animals!
    1. Re:my.mp3.com by mo · · Score: 2

      It's not that the mp3's were "different" it was that they were "copies". Because mp3.com reproduced, or made copies of the cds in a commercial setting, it was copyright infringement.

      The same would be true if I purchased ever vhs tape in existance, and then burnt dvd's of all of them and rented the dvd's. It doesn't matter if I only burn one dvd per vhs tape, because it's still a copy, which violates copyright.

  79. Did you read the letters to/from CC/NOA? by Anonymous Coward · · Score: 0
    Did you read the letters that Nintendo sent to CC and that CC sent back to Nintendo?

    The CC letter was extremely well written without the self-righteous screaming seen in most letters linked to from here. They did not challenge or belittle the Nintendo lawyers, there were no veiled threats of counter-litigation and the letter displayed all around civil behavior. A refreshing change from what we have seen here in the past few weeks from geeks who want to 'take on the man'....

  80. Nintendo and the blowing myth by freeweed · · Score: 3, Interesting

    While dust certainly is a problem for any electrical connection, for the most part the old blowing trick really doesn't do very much. The main problem with Nintendo cartridges (all video game systems, eventually) is corrosion. The cartridge contacts build up an incredible amount of gunk on them, eventually rendering them almost useless. This problem is made worse by the fact that cartridges and the connectors within a console are often made from different metals, and some funky electolytic reaction goes on (chemistry majors feel free to expand upon this).

    The original Nintendo Entertainment System (NES) was notorious for this, due to the way the cartridges go into the unit. Remember being able to slide the cartridge back and forth even when it was as firmly inserted as possible? Also notice how no other game company has again made anything close to the NES, and all used very firm connections? A dirty NES cartridge has to be EXACTLY aligned in the console, which is pretty tricky. Taking it out and blowing on it more likely just meant that you put it back in a slightly different alignment, hopefully one in which the contacts were nicely connected.

    The solution? Good old rubbing alcohol. Dip a Q-tip in it, and rub the hell out of the cartridge contacts. Any NES cartridge that saw much use will give you a rather black Q-tip. You can usually use quite a lot of force (in fact, you may need to). I've restored hundreds of NES games this way (and a few for other systems, but 99% of the problem is that damn NES console !@$$!@#!@$), and have yet to see one that doesn't work eventually. The consoles themselves, strangely, seem to require little to no cleaning.

    --
    Endless arguments over trivial contradictions in books written by ignorant savages to explain thunder in the dark.
    1. Re:Nintendo and the blowing myth by ?erosion · · Score: 1

      Another trick if you don't have time to clean them properly: Insert the cart and push down to lock it. Then, vigorously wiggle the cart left and right for a few seconds. Try the power. As long as you NES hasn't been swimming with you, this will usually do the trick

      --

      I assert ownership of all trademarks and copyrights on this page.
  81. Re:My God by Wind_Walker · · Score: 2
    Really? Because I read Section 107 to be
    the fair use...including such use by reproduction in copies...for purposes such as criticism, comment, news reporting, teaching... scholarship, or research, is not an infringement of copyright

    (emphasis mine)

    Exactly where in there does it say "You're allowed to make a copy and make it available for all the world to copy at their leisure"?

    Perhaps you were talking about Section 108, but I find that hard to believe because of paragraph c2 says:

    The right of reproduction...solely for the purpose of replacement of a copy [is legal]...if - (2)any such copy...that is reproduced in digital format is not made available to the public in that format outside the premises of the library...

    I eagerly await your reply to this explicit statement that digital copies made available to the public are illegal.

  82. Yeah, and for books as well... by I+Want+GNU! · · Score: 2

    This is indeed a great idea, but just imagine the outrage that book publishers would have if someone tried to set up a large, public repository where someone could borrow books, read them, and return them! Oh, wait...

    (for the humor impaired: I am always completely serious)

  83. Won't Work by EvictedHellCitizen · · Score: 2, Insightful

    As long as a check-in/check-out model exists, and possession of the intellectual property actually changes hands, there will be people creating software to override the application security to obtain copies. This would probably be one of the main arguments against such as system from the media companies. Perfect example of this is Streamripper for Shoutcast. Shoutcast streams audio through winamp, and Streamripper allows you to rip the Mp3's from the stream.

    1. Re:Won't Work by Anonymous Coward · · Score: 0


      I know what you mean, it's like them VCR's that allow you to record a movie that is playing on another VCR - it's amazing - they just connect the output from one to the input of the 'pirate' VCR and then they can copy movies and stuff and fsck the movie studios out of their earnings.

      pretty sick stuff, I mean that would never fly for sure, right ?

  84. Helps to understand the complaint... by Anonymous Coward · · Score: 0

    They were complaining that Amazon was prominently displaying used copies of books on the page selling a brand new copy. Understandably, that was cutting into sales, and Alot of author's were a little bit miffed about it.

    It was not the publishing companies, the issue was brought up by the Author's Guild, and all they wanted wasa for Amazon to NOT display Used Book Sales right next to the sales for brand spanking new books. They didn't threaten legal action, all the Author's Guild did was suggest that it's members not provide links to Amazon from their own sites, but instead provide links to online retailers that were more author friendly, which seperated their new and used book sales.

  85. Re:What nintendo etc needs to do to END illegal ro by Anonymous Coward · · Score: 0

    But infocom had long been bankrupt and their assets sold to activision, and text games are far from popular, so they probably didn't have any choice
    Yes, obviously someone had a gun their head and said "Release the infocom adventures or die".

  86. Re:JWRTFM by charon_on_acheron · · Score: 1

    C'mon. I can't see Jesus sitting there in bed with Mary Magdelene, reading the Kama Sutra. That is of course, the original Fucking Manual.

    Besides, if he had, he probably wouldn't have agreed to get on the cross.

  87. Re:My God by Wind_Walker · · Score: 2
    What rights to software owners have when software is abandoned?

    What rights do car owners have when their car is abandoned by the manufacturer? If I own a 1980 Zephyr station wagon and the parts are no longer available for me to fix it, does that mean that I can go out, steal somebody else's car, and be legally free from ramifications? After all, the car was new when I bought it! And if the manufacturer chose to stop making them because they weren't in demand, that's not my fault! I should be able to take whatever car I want, because I bought one way back when!

    Or, in your case of owning an NES but not the games, you own the engine and frame of the car, but not the seats. You should therefore be able to go out and steal seats, wheels, a drive shaft, car mats, and every other "accessory" to the car. After all, you have hardware that can use that, right? So you're entitled to them, right?

    Maybe you should unplug for a while and try to understand that piracy is not good. Downloading copyrighted games is illegal, no matter how you slice it. Eventually, in several dozen years, they will fall to public domain as the copyrights expire. Then you can download them to your heart's content. But until then, you're breaking the law, and there's no way around that.

  88. Re:What nintendo etc needs to do to END illegal ro by Anonymous Coward · · Score: 0

    Did he say ASSLOAD? hmmm.... going back to the gay porn banners... =P

  89. Record locking, do away with check-in check-out by muggli · · Score: 1

    If this same concept were to be applied to movies, would you have to lend the whole content, or could you lend portions such as one frame or scan line at a time? That means that you could then feed out a movie to thousands of people at a time each having a slight delay in-between.

    If someone did steal the contents by not checking them back in you would then loose the rights to display that movie again. Unless you have some sort of system setup so you know exactly who is using your contents, you would have a hard time forcing them to check the content back in.

    If someone did check the contents back in but really kept a copy, you would be in the clear. The person who copied it would be violating copyright laws (assuming they use that content again). This is comparable to the video rental scheme where they rent you the physical movie media, if you don't return it they cannot distribute that physical movie media anymore. But if you copy the physical movie media and then return it, the rental place can continue distributing it, and you violated the copyright laws (assuming you ever play the video without having it checked out again).

    To make it simpler you could do away with the check-in and check-out procedures and simply have a agreement which states that they cannot copy the video. Then you would have a streaming system on the backend that would take care of locking the whole files or portions of files depending on what is considered legal.

  90. Didn't SEGA allready try this? by wikthemighty · · Score: 2, Interesting

    Does anybody remember the SEGA Interactive cable thingy which plugged into your Genesis and let you download games for a period of time? Or am I mis-remembering a vaporware concept - I remember seeing it listed as an option by my cable company, but never saw anybody using it. (My appologies for the double post, I hit the return key prematurely!)

    --
    "There are people who do not love their fellow human being, and I _hate_ people like that!" - Tom Lehrer
    1. Re:Didn't SEGA allready try this? by Anonymous Coward · · Score: 0

      Yes, and twice.

      I don't remember much about the "Sega Channel" except for the fact that it *did* exist. Sega tried it again more recently with the severely-underrated Dreamcast. We never saw it in the states, but apparently in Japan, one could download and play games over a special network. Most of these were smaller, simpler games (nothing like standard fare for the console), including ported versions of PC Engine titles, of all things.

    2. Re:Didn't SEGA allready try this? by almightyjustin · · Score: 1

      The difference is of course that Sega owned the copyrights to the games they were distributing, which is not the case for these folks.

      --

      Omnes arx vestrum sunt adiuncta nobis.

  91. A similar (whatever)-Ware idea... by Anonymous Coward · · Score: 1, Interesting

    A similar "ware" idea I've had for a while now, deviating from the standard ShareWare and FreeWare ideas, but more along the lines of the lesser-known CardWare "licensing".

    It is the idea of paying a nominal fee (say, for argument's sake, 10 bucks) to a game/utility developer, and once you are done with the game/utility/whatever, you offer it up to the next person seeking it, for the same 10 dollars. Kind of like a rental fee, but more of a "loaner" fee.

    That way, you've paid your 10 bux to the developer, and he/she gets to keep it for his/her hard work; however, once you've finished with it and pass it on (my original term for this was "PassWare"), you get your money back from the next person in line.

    Now, let's say the developer offered up (theoretically) 100 saleable "copies" or downloads of this product, he/she could be in for a substantial R.O.I., while the only person who pays for it without a "payback" for passing it on, is one who either really likes the app and keeps it, or one who just ends up getting stuck with it at the end of it's life cycle... (but hey, there has to be a pitfall somewhere, right?).

    I didn't say it was a perfect plan, but one certainly profitable for a developer, while being truly affordable (you get your money back) for the end-user.

    ~mw

    1. Re:A similar (whatever)-Ware idea... by Anonymous Coward · · Score: 0

      How about reselling stuff for slightly less than what it was bought for?

      In any case, this does not bring anything new to the table, you still end up enforcing a "no-copy" policy.

  92. Google and copyright? by elinenbe · · Score: 0, Offtopic

    What gives google the ability to copy all material on the web and archive it for their own good? Let's say my web site has a disclaimer that does not allow it to be copied in any way shape or form unless with written permission. Where does google get off copying it to their servers?

    --
    -eric
    1. Re:Google and copyright? by FunkSoulBrother · · Score: 1

      I think if you put some lines in your robot.txt file you can specifically exclude googles searchbots.

      Furthermore, I believe they have a web form that you can fill out if you would like them to remove something of this sort.

  93. Change it so that we could "rent" the ROM. by Anonymous Coward · · Score: 0

    Then we'd be talking. That would actually be quite the business. Renting ROM's from an online site. Sure you would have to worry about repeat business. However how often do you rent the same movie twice?

  94. Re:Wanna hurt the MPAA/RIAA'? End Media Addiction by gillbates · · Score: 1
    Cast off your media addiction and go do stuff that shows the various entertainment industries that they and their product are not needed/wanted. Find other hobbies/activities that don't support the monopolistic organizations.

    Agreed. Some suggestions:

    • Help your local schools with computer/technical issues. Help them set up a network of Linux boxen.
    • Write free software.
    • Take time to help others with their computer problems...
    There are much better things to do with your time than merely watching movies and downloading MP3's. If we are serious about protecting our rights online, we need to get out and get the word out - we need to be seen and heard in our communities. Let people know about the issues affecting free software. But don't sit back and do nothing and then complain about how you lost your rights...
    --
    The society for a thought-free internet welcomes you.
  95. Re:My God by Wind_Walker · · Score: 2
    the Audio Home Recording Act of 1992 specifically allows consumers to make backup copies of any digital media

    Really? Would you be so kind as to point out to me exactly where the AHRA states that, please? I searched for the word "copy", and couldn't find any pertinant information. I also searched for "backup", "archive", "damage", and about every other synonym that I could think of, to no avail. IANAL either, but you would think that sort of thing ("You can copy this piece of copyrighted information!") would be pretty explicitly spelled out.

    But you see, the problem comes in making the leap from meatspace to cyberspace. It's one thing to give a single, static, unchanging copy of a book to a friend to read. It's another thing to give him a copy of a book that he can easily reproduce and save for himself. The problem is that it's so damn easy to make copies of digital works that the same laws cannot apply.

    Re: reverse engineering, I was assuming that all code within the ROMs was copyrighted and protected by patents. Otherwise, you're right, it's legal.

    Finally, as for it being "black and white", I refer you to this comment that I made detailing the US Code laws in respect to fair use. In that case, I do believe that it is "black and white." If you make a copy of a copyrighted work and make it publically available, you are infringing copyright, and therefore engaging in an illegal act.

  96. Re:my idea by rohdem · · Score: 1

    That is the worst analogy I have ever seen!! The games are not being obtained illegally, and sharing a game is hardly the same thing as sharing your wife!!!!! Blockbuster shares games all the time. They are only limited by the number of copies they own, which is also the case for consoleclassix.com.

  97. Read a little further down by mattbelcher · · Score: 3, Interesting
    From your link:

    (B) This subsection does not apply to -

    (ii) a computer program embodied in or used in conjunction with a limited purpose computer that is designed for playing video games and may be designed for other purposes.

    --

    Shockwave Flash movies are the greatest thing to happen to non-sequitur humor since Japan.

    1. Re:Read a little further down by anthony_dipierro · · Score: 2

      Yeah? Are you saying my PC is a limited purpose computer that is designed for playing video games and may be designed for other purposes?

    2. Re:Read a little further down by Vegeta99 · · Score: 2

      No, but thats what the software was written for.

  98. Re:Wanna hurt the MPAA/RIAA'? End Media Addiction by jhines0042 · · Score: 5, Insightful

    Ideas for things to do in your spare time other than buy stuff from other people.

    1) Learn to cook. Baking cookies and breads for friends can be very theraputic and win you more friends.

    2) Learn to homebrew. Brewing beer, making wine, or even mead can certainly win you friends.

    3) Join a club or other organization. A couple come to mind:
    3a) Society for Creative Anachronism (don't need even electricity for most of their activities, how's THAT for not consuming?)
    3b) NTrak Model Trains
    3c) Pick up Ham Radio
    3d) Open Source Software. Lots of projects out there.

    4) Make your own music. Heck, someone has to make it.

    5) Fly a kite.

    6) Read to your kids/friends/parents.

    7) Play a board game (anything from "Sorry" or "Monopoly" to "Munchkins", "Hackers", or "The Settlers of Catan"

    8) Woodworking. Talk about a hacker heaven... turn trees into anything you want!

    9) Sports. No, not watching them, particiapting. Try Baseball, Soccer, Football, Rugby. Or if you are more of a loner, Cycling, Running, Swimming, Inline Skating. Or possibly even my favorites: Fencing, Volleyball and Rockclimbing.

    10) Art. Paiting, poetry, pottery, photography.

    There, 10 things that anyone can do and do well with a minor bit of practice that do not consume anything from the media giants. Some of them are even healthy and might reduce your waistline. At least one of them can get you drunk!

    --
    42 - So long and thanks for all the fish.
  99. Almost a good idea... by nohup · · Score: 1

    Good idea, except now that they posted it on Slashdot, demand will exceed supply and I'll never be able to check out the games I want!!

  100. Media Addiction is really just Entertainment by tswinzig · · Score: 2

    Which brings me to the main point of this post. The various media industries view us not as citizens, but consumers.

    Ummm. The "media industries" are not countries, so why would they ever view you as "citizens" instead of "consumers"?

    The solution? Stop being a consumer!

    So how about this. Cast off your media addiction and go do stuff that shows the various entertainment industries that they and their product are not needed/wanted. Find other hobbies/activities that don't support the monopolistic organizations. Maybe pushing the idea too far here, but maybe take up a sport!


    This is the lamest argument I've seen in a long time. Let's think it through a bit...

    We're not pissed off because the RIAA/MPAA is selling these items to us. We WANT these things. They provide ENTERTAINMENT. (Just like sports provide entertainment.)

    We're pissed off because they are trying to sell us things we want, without giving us full control over those things after we've purchased them.

    However, your idea to abstain from everything is not reasonable. The punishment doesn't fit the crime. In other words, you'll never get enough people to join a boycott like this, because the shit the MPAA/RIAA are pulling is not egregious enough to most people for this boycott to make a dent.

    Another way of thinking about it is: I love Lord of the Rings way more than I hate the RIAA's actions.

    I think a more successful course of action is to practice civil disobedience, whenever possible. In this case, we're not necessarily trying to change any laws (although that would be nice), we are primarily interested in making it more obvious to the RIAA/MPAA that things have changed.

    Share MP3's of your albums with your friends. Crack encryption on products you've purchased, for the purpose of being able to use them without any restrictions. Crack encryption that will be used to limit the usefulness of HDTV or other digital broadcast signals that you've purchased and receive in your home. Break macrovision's and other companies' attempts to prevent you from ripping CD/DVD's to your hard drive. Create programs that make it easy to move television shows from your PVR to your computer, and vice versa. Avoid hardware that uses proprietary media formats whenever possible.

    These are actions which could conceivably work to decimate the MPAA/RIAA's old-school business models that no longer apply in the digital world, and yet give me no moral pause (as sharing my MP3's with the entire world does).

    These are things that don't require EVERYONE to do something in order for them to work -- only one anonymous person is needed to write a decryption program and post it on the internet, for example.

    The MPAA/RIAA will eventually be forced to revise their business model, or die. If they want to survive, they will become digital-friendly. Sell unencumbered digital bundles of music or movies for far less than you're trying to sell physical products. They cost less to produce and distribute, after all.

    If you make it easier for people to buy than to steal, you'll make money hand over fist.

    Civil disobedience is the key. I'm just stating the obvious.

    --

    "And like that ... he's gone."
    1. Re:Media Addiction is really just Entertainment by goldspider · · Score: 1
      "We're not pissed off because the RIAA/MPAA is selling these items to us. We WANT these things. They provide ENTERTAINMENT. (Just like sports provide entertainment.)"

      This is exactly what I'm talking about. Our culture has become obsessed with passive entertainment.

      I'm probably being a little uncharacteristically idealist here, but it wouldn't hurt anyone to seek more active entertainment, which can include many activities mentioned in the replies of my original post.

      I think fighting the entertainment industry head-on, as we seem to be doing, is an exercise in futility as long as they can buy favorable legislation. The only way we're going to break their influence is to shrink the demand of their product, and therefore cut their profits.

      But again, I'm probably being too idealistic.

      --
      "Ask not what your country can do for you." --John F. Kennedy
    2. Re:Media Addiction is really just Entertainment by Erasmus+Darwin · · Score: 2
      "We're pissed off because they are trying to sell us things we want, without giving us full control over those things after we've purchased them."

      Interesting point. Would you be willing really be willing to purchase a movie under that system? Take, for instance, Lord of the Rings (which you mentioned in your post as appreciating). Adding a modest 4% profit to its cost, we come up with $113 million. Plus an extra few bucks for the media it comes on.

      There's a reason why companies merely sell licenses to a copy of a work rather than the work itself -- it'd be too expensive otherwise. The alternative is that our legal system allows a company to create a work and then (possibly) recover the cost of that work from the people who wants copies of it. But you aren't buying the work itself, because you (for values of "you" covering the majority of people in the world) don't have that much money.

    3. Re:Media Addiction is really just Entertainment by Anonymous Coward · · Score: 0

      >I love Lord of the Rings way more than I hate the RIAA's actions

      The books cost $1.50 at the local used bookstore. The latest movie has a few illustrations of fight scenes from the book, and is virtually unwatchable at a single sitting (I watched it 1 3/4 times.) It seems like it might be fun to view short scenes from the movie while reading the book. As such, the movie is not worth much -- certainly less than $1.50. I assume that you love the books and not the movie, but I don't know... You can download Alan Lees paintings from the illustrated Lord of the Rings for free, and they actually have a little of Tolkiens magic in them. It is fun to view the paintings while reading the book. I would say the hi-res electronic form of the paintings is worth somewhat more than the movie.

      In the spirit of the parent, since you love the Lord of the Rings so much, you may consider doing your own paintings, or, better yet, how about making a decent film of sections of the book? How about trying to capture the meeting in the woods with Gildor? Or the enchantment of Tom Bombadil bouncing through the forest? If you could capture some authentic feeling in a 10 minute short, you would be better than all the high profile directors here in Hollywood.

      Sometimes consumers vomit.

    4. Re:Media Addiction is really just Entertainment by Anonymous Coward · · Score: 0

      Ummm. The "media industries" are not countries, so why would they ever view you as "citizens" instead of "consumers"?

      Well of course they would not, but the government is supposed to view us as citizens. Over the last few years the US government has started to refer to us as "consumers" however, which implies that to some extent the government has transitioned into a media company. Certainly the boundaries have gotten hazy. It is as if the government exists to provide the legal clout to protect the market for media industry. So it is not fair to split them apart as you have.

      A current example of this thinking in US government is the aptly named Consumer Broadband and Digital Television Promotion Act, available here.

      Here is an example of US government language from this bill:

      • (17) Millions of Americans are currently downloading television programs, movies, and music on the Internet and by using "file-sharing" technology. Much of this activity is illegal, but demonstrates consumers's desire to access digital content.

      The sale of entertainment related content has become a very large industry for the United States. Much of the US related manufacturing revenue has moved overseas during the past 40 years or so -- one of the few markets that the US still leads is "entertainment." The dollars do not just go to the "industries" and the stockholders. Entertainment related dollars employ millions of US citizens, pay taxes, and support US politicians. As long as the dollar value is high you are spitting in the wind, unless you think a revolution is brewing. But revolutions only change what group of people collect the money.

      The only way for an individual to escape is to be a producer instead of a consumer. Becoming a producer also empowers one to arbitrarily force fair use onto those commercial media one chooses to purchase (assuming that the "industry" fails to plug the analog hole.) But that arbitration remains a personal thing for those that have some sophistication as producers, rather than for "consumers" in general.

    5. Re:Media Addiction is really just Entertainment by tswinzig · · Score: 2

      Interesting point. Would you be willing really be willing to purchase a movie under that system? Take, for instance, Lord of the Rings (which you mentioned in your post as appreciating). Adding a modest 4% profit to its cost, we come up with $113 million. Plus an extra few bucks for the media it comes on.

      You're not understanding things properly.

      For $113 million I would expect to receive everything created for the movie, any left over props, all film, etc, and to retain the right to distribute the movie worldwide, FOR A PROFIT, as well as make derivative works, FOR A PROFIT, rent the movie, FOR A PROFIT, etc.

      Notice a theme?

      However, when I buy a CD at the store, or a DVD, it is NOT REASONABLE for those companies to put restrictions on how I use that item, as long as it's for personal, not commercial, use. This means I can let my friends borrow it, I can make a copy for my car, or for all CD players in my house, or rip it to my computer (medium-shifting). If it's a broadcast, I can time-shift it or medium-shift it, for my personal use.

      These are things that are being taken away (or at least they are TRYING to take them away).

      --

      "And like that ... he's gone."
    6. Re:Media Addiction is really just Entertainment by tswinzig · · Score: 1

      You're entitled to your opinions, of course, but I really like the movie, I love the books, I love the film score, I love the de Meij pieces inspired by the books, etc. These are all items that I can buy for my personal use and entertainment. I am not willing to give these up for some stupid boycott that will not have the desired effect.

      However, I am able to currently work with these items in an unrestricted way, albeit with some questionably legal pieces of software (esp. in the case of DeCSS).

      --

      "And like that ... he's gone."
    7. Re:Media Addiction is really just Entertainment by tswinzig · · Score: 2

      Well of course they would not, but the government is supposed to view us as citizens. Over the last few years the US government has started to refer to us as "consumers" however, which implies that to some extent the government has transitioned into a media company.

      Where do they refer to us as consumers of government-created and sold products? A reference please. Also, what government-created products are they creating and selling which makes them a media company?

      I certainly hope this is true, as I'd love for the government to start making money instead of stealing* it from its citizens every April. However, I really doubt it.

      It is as if the government exists to provide the legal clout to protect the market for media industry.

      First realize that not every bill recommended by people like Sen. Hollings actually get passed. Some things like DMCA can still be ruled unconstitutional if tested in the courts. New lawmakers can be voted in place to get things back in the favor of consumers. There are some lawmakers already in Congress that are doing these things and fighting for our rights (sure, not enough).

      I agree that SOME lawmakers have been bought by media companies, but not all, by far.

      So it is not fair to split them apart as you have.

      Split them apart?

      The government was never mentioned in the original post to which I was reponding. The person stated that media companies are looking at us like consumers instead of citizens. DUH, as well they should. We are consumers of media company products. We are not citizens of MediaLand®.

      A current example of this thinking in US government is the aptly named Consumer Broadband and Digital Television Promotion Act

      You neglected to mention that this is a BILL, and it has not passed, it is not a law yet. It could easily be killed before that happens. Many bills come before congress and do not become law.

      The only way for an individual to escape is to be a producer instead of a consumer.

      Escape what? If you mean, escape the restrictions of the media companies, then no, I already proposed another route -- civil disobedience.

      --

      "And like that ... he's gone."
    8. Re:Media Addiction is really just Entertainment by Erasmus+Darwin · · Score: 2
      "These are things that are being taken away (or at least they are TRYING to take them away)."

      I think it's more that they're collateral damage in the battle against piracy. You've got people screaming for fair use and then turning around and "loaning" multiple copies to a few thousand of their closest "friends" on P2P services.

    9. Re:Media Addiction is really just Entertainment by Anonymous Coward · · Score: 0

      Digital media is too easy to distribute. A market for digital media can only be protected by force of law. The government and the commercial companies are in collusion for the purpose of mutual advantage. The media companies cannot exist without restrictive legislation; the government needs the revenues and jobs generated by the media companies. Government acts, at the very least, as an agent of the media companies. Perhaps one should say it is "unwise" to split them apart.

      Lawmakers are not bought by media companies. Lawmakers are interested in fostering industries, revenues, and jobs. The "fair use" of entertainment media does not weight heavily against a substantial revenue stream flowing into the US. The only power that matters here is money. Ethics is not a compelling issue.

      Just trying to copy things does not really qualify as civil disobedience in the Ghandian sense. Ghandi exhorted all of his followers to be willing to die before the guns of the British, and they did. Civil disobedience always involves a public performance and an air of ethical nobility. Both are lacking here. Covert copying is just an engineering problem, and it will be treated as one. With Microsoft / Intel / Palladium on the one hand and the CBDTPA and it's continuations on the other, it is very likely that a closed distribution system will be developed and protected heavily by law. At some point you will give up and pay, or stop consuming quite so much.

    10. Re:Media Addiction is really just Entertainment by hplasm · · Score: 1
      Exactly. The ideas you have put forward here are probably what 99.9% of the tech-savvy public does indulge in. It's the 0.1% that are OTT in "file sharing to the world, etc" that the heavy handed basts like the RIAA like to portray everyone as when they go braying to their paid congress monkeys and legal leeches.

      So, the way forward is indeed the way that things are moving thru natural selection (check out the later chapters of Clarke et al "The Light of Other Days", in which a technical 'omniscient camera' goes from a secret installation in a bunker to a set of DIY plans for a handheld device available on the web and built from scrap).

      Laws can't halt progress; history tells us so.

      --
      ...and he grinned, like a fox eating shit out of a wire brush.
  101. Re:What nintendo etc needs to do to END illegal ro by Tofuhead · · Score: 2

    You're ignoring the fact that "free" is infinitely less expensive than "cheap." The same people that won't spend a couple of bucks to snag the actual carts used and cheap are the same ones that wouldn't pay a couple of bucks for a rom dump. Of course there are exceptions, but publishers don't necessarily profit on exceptions.

    Meanwhile, publishers would be forced to support their emulators for actual customers.

    I'm fairly confident that this is the reason why we don't see more emulated Sega PC releases. There's too little reward. Those Smash Pack and Sonic collection CDs for Windows go for pennies in the bargain bin.

    < tofuhead >

    --
    It is still the dark of night.
  102. Please look at the parent. by Anonymous Coward · · Score: 0

    It was not intended as a troll I spent over an hour putting together that post and to see it crushed out of existence for sake of one persons opinion is not right. I don't post to /. much anymore, and this is a major reason. Why spend time trying to write something of value if it can be obliterated by any single individual who may or may not being doing it out of simple bloody mindedness?

  103. But they still make.. Wait, bullshit. by Anonymous Coward · · Score: 0

    Find me a copy of Dark Wizard for the Sega CD. I can still manage to actually find a Sega CD to play it on, amazingly enough, but only online.

    Oh, and I mean a *new* copy, as in, never opened and played, so that Sega/etc. are getting their money, and it's not all going to some cheap ass 'old games!' house.

    Hard to do, eh? Yeah, I thought so. You know what? Gaming companies aren't making money off of old games. You can't find them in stores, now, can you? If you do, they're often used. Which means Sega/Nintendo/etc. already got their money once, and aren't getting it again.

    Solution? Sega, Nintendo, etc., sell the old games, roms or not. I'd kill for a copy of Dark Wizard; so I'd surely toss Sega some cash for one. :p

    (On a sidenote, it's amazing how much these used game stores rip people off. I've seen *archaic* *NES* games, used, going for upwards of $100. Bloody hell.)

  104. Still being marketed by yerricde · · Score: 2

    it couldn't hurt sales that much

    Which is one of the guidelines for fair use enshrined in 17 USC 107.

    they don't market these games anymore.

    Konami still markets Castlevania. Nintendo still markets Super Mario Bros. 2 and Super Mario World. Nintendo will soon resume marketing of Zelda 3. Namco still markets its old arcade games. And that's just on one console, the GBA. Think of how many other games are being redone and marketed on the other consoles, not to mention PCs.

    --
    Will I retire or break 10K?
  105. Sega channel by freeweed · · Score: 2

    Yes, it did exist, at least in certain test markets. I played it at the local K-Mart many, many moons ago.

    Recently, a local auto parts store (of all places) that also has tons of obsolete electronic goodies had the original modems for sale. Best 99 cents I ever spent. It plugs into the cartridge port on a Genesis, and your coaxial cable attaches to the side. Now if only someone could write a handy server that I could run off a coax ethernet card... :)

    --
    Endless arguments over trivial contradictions in books written by ignorant savages to explain thunder in the dark.
  106. Re:My God by McCart42 · · Score: 1
    Interesting...
    There are consequences when you move from meatspace to cyberspace, and that means that direct analogies are inadequate. - Wind_Walker, one post up
    You don't seem to have a problem making these analogies, but whenever someone else does, they're completely irrelevant. Nevermind that in "meatspace", stealing something means someone actually loses something of value.
    --
    "I may be quite wrong." - Socrates
  107. Is a cartridge an access control device by yerricde · · Score: 1

    The "library" in this case is actively bypassing the manufacturer-produced copy protection (the console format)

    But does a form factor and a pin assignment count as copy protection? In most cases, the cartridge is just a plain old storage device, just like SmartMedia, MemoryStick, or CompactFlash, that just happens to have data etched into a semiconductor mask. (NES and GBC carts also have bankswitching hardware.) Systems that use CDs generally use a standard (ISO 9660) format.

    --
    Will I retire or break 10K?
    1. Re:Is a cartridge an access control device by Erasmus+Darwin · · Score: 3, Informative
      "But does a form factor and a pin assignment count as copy protection?"

      All Nintendo has to do is say that it was intended as such. As an added bonus, the catridge format had the advantage of being a fairly effective form of copy protection, especially in a non-emulated context. Sure it was bypassable, but the mechanisms for bypassing cartridge-based protection tended to be fairly elaborate. In contrast, the Dreamcast protection was almost non-existent (with an unmodified Dreamcast being able to boot cracked, burned games) and the Playstation's protection was a bit better (requiring a mod chip).

    2. Re:Is a cartridge an access control device by duren686 · · Score: 2

      In contrast, the Dreamcast protection was almost non-existent (with an unmodified Dreamcast being able to boot cracked, burned games)

      That it could, but they had to hack pretty hard to come up with getting the games off their original GDs. Dreamcast GDs won't read (the game part) in anything but a Dreamcast (or some Yamaha drives I think) so they had to devise a way for the Dreamcast to feed your PC the game data in an ISO-compatible form. In that respect, the Dreamcast had a lot more copy protection than the PSX, but the PSX wouldn't read copied CDs without a mod.

      --
      Y2K Compliant since the late 1890s
  108. Re:My God by Anonymous Coward · · Score: 0

    Maybe you should unplug for awhile, since you obviously have no clue when it comes to how computers work.

    Steal a car, and the owner no longer has a car.

    Download a rom, and the owner still has his rom.

    I'd try to make a nice rational argument here, but the only thing that comes to mind is this:

    You, sir, are an idiot.

  109. Re:My God by theRiallatar · · Score: 1

    I think what you should say is that, if you own a 1980 Zephyr station wagon and you can't get parts to fix it, that you should be allowed to steal another 1980 Zephyr station wagon, or the parts from it. There's a big difference.

    The way you put it, if I, say, bought Super Mario Brothers for my NES way back in the day, I would be going out and stealing Super Mario Sunshine for my Gamecube to replace it. Instead, I'm getting a ROM of Super Mario Brothers. There's a big difference.

  110. Its about controlling what we wan't... by 1001+0000 · · Score: 1

    ROM's, abandonware, etc will never be accepted by industry. Everything we buy has a carefully calculated lifespan. We are supposed to throw stuff out after a while - cars, clothes, music, etc. When the next generation product line rolls out, they gotta be sure the timing is right and people are ready to buy. While I'm sure the availability of old ROMS is insignificant in the scheme of things, its probably a variable they'd rather not have to deal with.

    I am not really talking about sales directly. As an example imagine what you, Joe consumer, consider a "cool" game (you are probably thinking graphics more than any other single aspect). Industries put a lot of effort in influencing your concept of "cool" (or fashionable, useful, or whatever). They don't just ask people what they want and sell it to them because, as it turns out, this is not the most profitable way of doing things.

    Do you really think the car industry want to sell me a car that I'll be happy with for 50 years? Word processors are a good example of this. They have not changed much at all since the DOS WordPerfect days, yet every year or two Microsoft launches a version of office under the foggy guise of "increased productivity, [buzzwords, etc ...]."

    Anyway, I think I've made my point... They want the old to disappear to make way for the new.

  111. Re:My God by cduffy · · Score: 2

    That's not orthogonal -- folks stealing software off P2P networks know they're stealing (err, engaging in copyright violation), and choose to proceed despite. Removing the GPL notices would prevent the users of this hypothetical P2P system from knowing they're doing something wrong, thus making your example moot.

    Anyhow, letting "most" freedom of information types ruin it for those who genuinely do care about distributing information (one of the better reasons to be concerned about laws which attack means of distribution rather than illegal distribution itself) and preserving information for future use (one of the larger reasons for opposing the DMCA) is utterly unreasonable -- much like ignoring the reasonable {Linux,NT} admins who make considered, rational arguments in favor of their chosen OS because of the number of {Linux,NT} "advocates" who simply flame that "{Windoze,Loonix} sucks!".

  112. As long as it's not PC software by yerricde · · Score: 3, Interesting

    Games I know are probably different, do they obtain a special license to rent

    In the United States, it's illegal to rent PC software without a license from the publisher (17 USC 109(b)(1)). PC software means a computer program designed for a computer that isn't primarily marketed to play video games.

    --
    Will I retire or break 10K?
  113. Re:My God by Wind_Walker · · Score: 2

    So you're saying that it should be legal for you to steal a copy of Super Mario Brothers to make up for your loss? You're honestly defending the idea that "I bought product X 20 years ago, and even though it wasn't supposed to last 20 years, I should be entitled to have product X now?"

  114. They can't rent them anyway. by Qender · · Score: 2, Insightful

    You can't rent out someone's movie or game withought their permission, movie studios sell special tapes for rental, they're basically the same as the home video but they can cost the rental store upwards of $100. These games can be borrowed but they can't be rented legally.

  115. ...respected emulator site... by Anonymous Coward · · Score: 0

    http://www.mame.dk

    Yes, MAME.dk is very respected.

    That's a fact.

    It's not "populated by the scum of the Internet, pushing their warez as being legal".

  116. Re:My God by aneurysm36 · · Score: 0

    Come on now, thats a crappy argument. Youre talking about stealing a replacement part from somebody who physically owns it, but downloading a rom is more like building your own replacement part from raw materials that you own.
    Are you saying that, if i have the ability and the resources, i should NOT be allowed to build my own replacement part? I should have to wait a few years? Your metaphor and therefore your argument are unrelated to the current discussion. Bah. Score 2 my ass.

    --
    ------ hi mom
  117. No, no, no, NO... by Mulletproof · · Score: 2

    "I wonder if this will allow an end-run around some of the questionable legality of file-sharing"

    MP3 sites can't hide behind the "borrow/delete within 48 hours" scam and neither can these people. It's a complete falsehood. There is no end run around. That stupid little statment doesn't protect anybody and if the copywrite holder of the ROM wants to take em out, they will. Considering they don't have the right to give such user permissions to begin with, they've just ensured their service is even more cumbersome and even more of a joke than anything else out there. Oh! Somebody has Chrono Trigger "checked out" and thus unplayable? Dang. Guess I'll have to pop on to Kazaa Lite and download it. Gee, what a great system.

    --
    You need a FREE iPod Nano
  118. What is the point? by EdMcMan · · Score: 1

    Why do game companies care if people are using roms from 5 years ago! They aren't going to make any money off them, the only who people who might are used games resellers, and not much. The only thing they do is alienate their customers, with no benefit that I can see.

  119. I think it's really simple by JudgeFurious · · Score: 1

    Those vaults full of IP that they aren't selling but aren't letting go of are just their for them to mine away at when they are lacking in original new ideas for games. Look at the Mario or Zelda games. They've got franchises there that roll the $$$ in and don't think for a moment that they don't drag through the old games from time to time looking to recreate that magic with other lesser known titles.

    --
    Appended to the end of comments you post. 120 chars.
  120. Re:My God by BoyPlankton · · Score: 2

    Exactly where in there does it say "You're allowed to make a copy and make it available for all the world to copy at their leisure"?

    It doesn't. Copyright law is intentionally vague on what constitutes fair use, and what does not. The four factors of what does constitute fair use are:

    - The purpose and character of the use.
    - The nature of the copyrighted work.
    - The amount and substantiality of the portion used in relation to the copyrighted work as a whole.
    - The effect of the use on the potential market for, or value of, the copyrighted work.

    All four of these factors have to be considered, and depending on the courtroom, some are considered more highly than others.

    Take for instance if I am preparing a report for school, and I quote from sources. This would fall under the fair use provisions of copyright law, and I could publish this report on the Internet including the quotes. However, this gets tricky. Commercial publishers restrict the amount of text that authors quote from in order to steer clear of factor 3.

    In the current case that we are referring to, these guys are likely going to have a hard time with 3 out of the 4 factors. The fourth is likely the easiest for them to represent because all they have to do is make certain that they aren't allowing games that are still being marketed.

    I eagerly await your reply to this explicit statement that digital copies made available to the public are illegal.

    Section 107 trumps Section 108 because of paragraph F4.

    Besides, you still can't tell me why it's illegal for me to make a personal copy of something. Or why it's illegal for me to share a game with my friends. Those are, afterall, the original arguments that you made that I objected to.

  121. Not so fast, cowboy by wuHoncho · · Score: 1

    It's one less copy of Mario Advance if you've got a palm PC running a NES emulator.

    Nintendo doesn't sell the non-portable NES retail anymore. You either have to get one second-hand or get a game boy advance if you want to play the older Nintendo games (the better selling ones, anyway). If you download the NES Mario 2 and play it on a laptop, which is the closest you can get to an actual GBA with emulators (AFAIK, correct me if I'm wrong), you still have the slightly awkward and bulky keyboard as your controller instead of the very elegant hand-sized GBA controller-screen-system-all-in-one.

    And porting the more popular old games to GBA still doesn't cover the hundreds of other NES and SNES games that weren't super-mega-blockbuster hits, but still had respectable followings.

    The day that Nintendo releases a port of Muppet Adventure for Game Boy Advance, true to the original in all its super-cheesy glory, I will be buying many people drinks.

    --


    Just another freak in the freak kingdom.
  122. Re:My God by nivedita · · Score: 1

    See section 1008. It protects non-commercial use of a digital recording device by a consumer. Besides, the link you provide is not the entire AHRA.

  123. pc is sharper by yerricde · · Score: 1

    After all, playing the games on a TV w/ a controller is so much better than a computer keyboard.

    My TV is 13" and doesn't take anything over a 480i NTSC (Never The Same Color) signal. My PC display is 17" and takes up to 768p RGB signal. My game controller is a Nintendo 64 controller connected through an adapter to my PC's USB port. NES games, Super NES games, and Game Boy Advance games feel just fine through my rig.

    --
    Will I retire or break 10K?
  124. Re:My God by BoyPlankton · · Score: 2

    So you're saying that it should be legal for you to steal a copy of Super Mario Brothers to make up for your loss? You're honestly defending the idea that "I bought product X 20 years ago, and even though it wasn't supposed to last 20 years, I should be entitled to have product X now?"

    So what you're saying is that it would be legal for automobile manufacturers to require you to only install their parts. A few years down the road, your car breaks down and the manufacturer is no longer supporting that model. So rather than get it fixed, you'll just let it go to the junkyard?

  125. The same argument could be used to stream videos. by Ungrounded+Lightning · · Score: 3, Interesting

    Console Classics' legal argument http://www.consoleclassix.com/legal.htm could as easily be used by a video streaming service to "rent" movies over the internet. Rules:

    - Don't bypass the encryption - digitize a tape or the output of a DVD player rather than using DECSS.

    - Stream it to customers using a client that doesn't make a non-ephemeral local copy and dumps cache if the connection is lost (i.e. Realplay, Microsoft's media player with appropriate flags set, or a client of your own.)

    - Don't have more streams going than you have purchased copies of the original program. (Might also be good to digitize each copy separately.)

    Of course you'd want to rent for a several-day period (like a video rental store) rather than releasing the copy for re-rental as soon as the customer is done with it. Otherwise you'll have a much faster turnaround than a video store and will thus rent more showings per copy. Good for you but bad for the studio, so they're more likely to go after you in court.

    Even with the same rental times you'll probably be slightly more efficient than a video chain, since you'll have ONE virtual store with a single pool of virtual tapes to serve all the customers, rather than having to divide the copies among multiple physical stores and guess the local markets right. But that's small potatoes. Your big profit improvement over a classic rental chain will come from not having to maintain the physical stores.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  126. Portability by yerricde · · Score: 1

    Why [play SMB2 on GBA vs. NES]? Because of the GBA's only true advantage: It's portable!

    So is my laptop. So is my neighbor's Palm device.

    --
    Will I retire or break 10K?
  127. star trek by Wonda · · Score: 1

    i always though it was silly how things were lost in startrek when a transmission fails, 'it's digital, the source must still be there!'

    guess they were right after all, we seem to move to a situation where only one copy of a digital file can exist, with the exception of publishers who somehow will be able to make a copy.

  128. That's an odd comparison by JudgeFurious · · Score: 1

    But I will conceed that it's kind of close to the mark. I mean, really what rights do you have once someone has quit supporting that "thing" you bought...a decade ago?

    People complaining that they have some kind of bizarre right to these ROMs are just plain nuts. You HAD a right to go out and buy the crap out of them when they were on the market. No one would have stopped you if you wanted to buy every single one you could get your hands on correct? Now you HAVE the right to go digging around trying to find old and working used ones "on the market". That's pretty much all the rights you have in this.

    Now if these companies want to share their older games with the people who gave them money back in the day that's cool and I'm going to that website tonight to get all my favorite old games. I'm going to get some I don't even like just to be a glutton and because I can.

    I can, but it's not a "right". I can because the owners allow it.

    Of course they haven't allowed it so I'm not going to download squat tonight but you get my point.

    You want to swipe some ROMs and enjoy your favorite old games fine. Knock yourself out. But remember it's not it's not your right to do so.

    --
    Appended to the end of comments you post. 120 chars.
    1. Re:That's an odd comparison by Anonymous Coward · · Score: 0
      You HAD a right to go out and buy the crap out of them when they were on the market. No one would have stopped you if you wanted to buy every single one you could get your hands on correct?
      I get the feeling some of the NES game proprietors of the time would have been reticent to sell Super Mario bros to the fetus that I happened to be at the time.
  129. No Sonic CD for obvious reasons? by yerricde · · Score: 1

    I hear it will have every sonic on it but Sonic CD (for obvious reasons).

    The GBA can address up to 32 megabytes without bankswitching, even though the largest current cart is 8 megabytes. Most of Sonic CD was redbook audio, right? Would somebody who has a copy of Sonic CD please check how long (in m:s) the first track is? If it's less than 3:30, then it's less than 32 megabytes.

    --
    Will I retire or break 10K?
  130. Re:My God by Anonymous Coward · · Score: 0
    You seem to have a strong emotional feeling on this issue. I don't care to argue the philosophical or moral issues involved in freedom of information, or the balance of the right to share knowledge against the benefit of providing knowledge generators with a socially useful reward for their activities, because your tone indicates you are not capable of conducting such an argument in a rational and civil manner.

    Alright, Mr. Spock.

  131. Re:My God by Wind_Walker · · Score: 2
    If the car broke down, I would try to get it fixed. If it were unsalvagable, I would damn my luck and buy a new car that would suit my needs. I wouldn't steal another copy of the car to make up for the mechanical failure.

    If my video game breaks, I would try to fix it (blowing on the contacts, cleaning the cart, etc). If it didn't work, I would throw the cartridge away and either get a new game (Super Mario Sunshine, a terrific game) or try to find another LEGAL copy of the original.

  132. Revenge of the Librarians by dcavanaugh · · Score: 2
    This might be a great idea if there was an open source app that the libraries could deploy via their Internet connections. Then they could P2P share all their multimedia content and it would be nothing more than the "home version" of what they do anyway -- share things.

    Although the security of such a system might be crackable, the mere existance of security would make such exploits a major DMCA no-no. As a result, it would be hard to accuse the libraries of "piracy".

    The key to making this work is (a) development of an open source app that manages the files and distribution, and (b) deployment of such an app via State or University libararies. A local/municipal library would surely be a lightning rod for RIAA/MPAA retaliation, but the states have enough lawyers on payroll to make life difficult for the evildoers. We have 50 chances to find a state attorney general who is not afraid of a fight. This would put the libraries back into the driver's seat of content sharing. A very cool concept, IMHO.

  133. Re:JWRTFM by uberdave · · Score: 1

    Again, the devil took Him to a very high mountain, and showed Him all the kingdoms of the world, and their glory. And he said to Him, "All these things will I give you if you fall down and worship me." - Matthew 4:8-9 He did have the opportunity, but decided against it.

  134. Most important question... by Anonymous Coward · · Score: 0

    Why should I use their service when I can just download all the ROMs for free anyway?

    (and don't give me any "it's their property" crap because all those companies already made their damn money and I aint gonna give them any more)

  135. Rental restrictions in USA copyright law by yerricde · · Score: 2

    the copies weren't licensed for rental, only sale.

    This is based on a restriction in United States copyright law that applies only to sound recordings and those computer programs not designed for video game consoles (17 USC 109(b)(1)).

    --
    Will I retire or break 10K?
  136. Re:My God by barawn · · Score: 2

    Where does it say anywhere how long a product is supposed to last when you buy it? When I buy any video game, it doesn't say "This product will self-destruct in 10 years." People buy things because they "feel" rugged and solid, and "will last".

    If you buy a chair, and it falls apart and the manufacturer is no longer making spare parts, is it illegal for you to look at the old part, say "hmm", and make another part that does the exact same thing? No, of course not. Likewise, when the battery in my copy of Legend of Zelda runs dead, is it illegal for me to open it up, look at the 5V watch battery that's in there, say "hmm", and replace it? No, of course not. And finally, when the poorly-designed insertion retaining mechanism inside my NES finally is worn past the point where the contacts will solidly connect, is it illegal for me to open it up and say "hmm" and figure out a way to do the exact same thing with a general-purpose computer? No.

    It's not stealing. It's reverse engineering, plain and simple. A literal analogy would be when your old 1980 Zephyr (or whatever) stops working, you go to a friend who has the same car who developed a complete copy of the part that broke, stare at it, say "hmm", and copy his copy.

  137. Nintendo design flaw is to blame. by bzurcher · · Score: 1
    Along with the corrosion/dust buildup, the main reason the nintendo system's don't work is in the design with the system. When a cartride is inserted into the female part of the connector and pushed down, it presses the connector pins against the eProm board of the game itself. This bends the connector pins up over time and use, and leaving games in the system in the down position.

    How do you fix this problem? Easy. Just buy a new 72 pin connector (a few companies still makes these, and brand new units are always on ebay), or restore your old pin. First, take apart the system and remove the old connector....it just slides off the main board. Get a hook of some sort (I use a dental cleaning tool) and pull down the connector pins a little bit. Then, clean then with alcohol, or even better, Electrical Contact cleaner. Put it back together, and your NES should work like new.

    --
    "But the smell-o-scope is brilliant I tell you! Just think of the astronomical odors you'll smell thanks to me!
  138. AHRA by Wind_Walker · · Score: 2
    Got it, sorry, didn't realize that it wasn't the full text. Looking at section 1008 (very short, that), there's a bit of trickery there, but as I wade through the legalese of it, I realized this - They're saying that the manufacturer cannot be sued for copyright infringement because they sold the equipment. Re-read it, it's a bit hard to follow.
    • No action may be brought under this title alleging infringement of copyright...
      You can't sue anybody for copyright infringement...
    • ...based on the manufacture, importation, or distribution of a...
      ...because they made or sold...
    • ...digital audio recording device, a digital audio recording medium, an analog recording device, or an analog recording medium...
      ...any copier or media...
    • ...or based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings.
      ...or because some schmuck used them to copy the works.
    1. Re:AHRA by IHateUniqueNicks · · Score: 1

      Ok, taking your text, and rearanging it a bit we get:

      No action may be brought under this title alleging infringement of copyright...
      You can't sue anybody for copyright infringement...

      ...based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings.
      ...because some schmuck copied something with the device...

      That sure sounds to me like they can't sue you (or anyone else) for your non-commercial copying.

  139. buying roms by Acidangl · · Score: 1, Insightful

    I would fully support buying ROMs across the Internet for one simple reason: I can't get the game anywhere else. I live in a small town in Wyoming where getting the new "popular" games is difficult at times. There is no used game store; the only remote possibility for getting games is garage sales.

    I don't play ROMs from being too much of a cheap bastard to spend $10 on a game; I play them because it's near impossible to buy them.

    --
    I'm a cucumber
  140. Re:The same argument could be used to stream video by Oculus+Habent · · Score: 2

    I think the examples of RealPlayer and Windows Media Player are horrible. If you pause, it has to re-buffer, even though there should be a buffer full of the next moment. I think perhaps you should not be allowed to have more than, say, 5 minutes cached/10% of the video, whichever is smaller - this does 2 things. It allows for bursts of transfer when available, and prevents a short connectivity lapse from killing you. But the base concept is sound. I theorized of a lincense-based streaming MP3 server very much like this a short while ago.

    As for online streaming video rental - there's no such thing as "good for you, bad for the studio". The studio would probably have very specific regulations on this enterprise (much like with cinemas themselves) and might even block out others and run them theirselves.

    Wouldn't it tick you off if you just finished a movie, and you wanted to go back and hear a memorable line again, only to find out that since you pressed "Stop" you have to pay another 1$ to view it again, and then finding out that the selection you made is currently being viewed to capacity?

    --
    That what was all this school was for... to teach us how to solve our own problems. -- janeowit
  141. Re:My God by JudgeFurious · · Score: 1

    I think you might have some of that crappy argument syndrome as well. I mean, you aren't building a replacement part are you? You have every right to write yourself a game if you are that into the platform. but you didn't write this game. You don't own this game. You never owned this game.

    You "owned" the right to use a copy of this game for the period of time that the manufacturer stated that it would last. Nothing more really.

    --
    Appended to the end of comments you post. 120 chars.
  142. Re:My God by Storm+Damage · · Score: 2

    Really? Would you be so kind as to point out to me exactly where the AHRA [virtualrecordings.com] states that, please?

    I mistakenly attributed the wrong law here, for which I apologize. However, the Congressional Act from which this law originated notwithstanding, the wording of U.S.C. Title 17, Chapter 1, Section 117 is clear:

    it is not an infringement...to make...another copy or adaptation of that computer program provided...that such new copy or adaptation is for archival purposes only...
    (omissions made for space do not change the meaning of the quoted passage)

    So, the fact that you can copy this copyrighted information (the law addresses software specifically) is pretty explicity spelled out. Reading further, 117 also allows for the leasing of software you own, as long as you transfer all of your rights in the program (as defined by your license agreement with the manufacturer), and no others as part of the lease.

    Now of course, the law becomes very grey, because although every U.S. Citizen has the right to make such archival copies, very few of us actually have the means, especially with regards to software distributed on non-general purpose media (proprietary video-game cartridges). It is a very difficult burden on the average consumer to be expected to purchase a ROM read/write device in order to exercise his/her rights under S.117, and a judge could very well rule that the end workaround of downloading a ROM for play on an emulator of a game which the consumer in question owned a legitimate copy is not, in effect, a violation of Title 17, although the letter of the law had been broken, because the consumer had no other way to exercise his/her rights. Of course, if the act of downloading ROMs is not illegal, that says nothing about the legality of serving them, which is where the entire system begins to look like a farce, and keeps this whole cottage industry firmly in the grey market. However, CC's tactic of leasing or loaning the games in question seems to fall within the scope of Section 117, except for the fact that an ephemeral copy is made during the transmission of the lease over the Internet.

    I would now argue that it is not inconceivable for a judge to apply some of the rules regarding "ephimeral copies" in Section 112 in this context, even though that section more or less applies only to audio broadcasts. The reason I think this could possibly apply is that while the law is written to allow for Internet music broadcasts, given a reasonably strong protection scheme on the works being "shared", it is arguably a fair way for consumers to exercise their rights under the First Sale doctrine to share items they have I would imagine it would take a very clever lawyer and a lot of case-history research to come up with enough precedents to convince the hypothetical judge to rule in this way, but depending on the court hearing the case, it could happen. A lot of these laws are fairly new and not very well tested, so there is a lot of legal uncertainty here.

    You are correct in assuming that the code within the game consoles (generally the ROMs don't need to be reverse engineered to create an emulator, rather the consoles themselves do, at which point if the emulator is doing its job right the ROM images should execute with no further modifications), is protected by copyright, but copyright provides no protection for computer code which is reverse-engineered. In most cases the product of reverse-engineering will not be exactly the same as the original copyrighted code, but will in effect be another work (which can then be copyrighted) which merely expresses the same idea (in this case a set of algorithms) which was encompassed in the original. Any patent protection on the mechanisms involved would be subject to the wording of the patent, and in many (maybe even most) cases, the protection can be worked around by reimplementing the same functionality in different ways.

  143. Re:My God by BoyPlankton · · Score: 3, Insightful

    If my video game breaks, I would try to fix it (blowing on the contacts, cleaning the cart, etc). If it didn't work, I would throw the cartridge away and either get a new game (Super Mario Sunshine, a terrific game) or try to find another LEGAL copy of the original.

    So remind me again why it's not legal for you to download the contents of the cartridge onto your own personal computer so that you could continue to enjoy it?

    I don't understand your position here. You keep saying that it's illegal for you to make a backup copy for personal use. Why is that?

  144. Section F4 by Wind_Walker · · Score: 2
    Re: the four factors, you're right - they'll have a hard time with the first 3, but especially with #3. A complete, perfect, digital copy of the work... Not a good thing to a judge. #4 (and to some extent #1) could be OK, but it's the sheer volume of this "service" that leads me to believe they're just trying to make playing pirated games legal.

    Yes, you're right, section F4 does say that section 108 does not affect fair use. However, I have already shown that the fair use clauses in 107 do not cover making a copy of a copyrighted work available for download over the Internet.

    Besides, you still can't tell me why it's illegal for me to make a personal copy of something

    Um, I thought that was why we were quoting US Code in the first place. You (I assume) are not a library or educational facility, and therefore cannot copy any of your copyrighted works.

    As for sharing with your friends, I have no problem at all with you taking your copy of Super Mario Brothers for the NES over to a friend's house to play on his hardware. I would encourage it, in fact. But I do have a problem with you making exact duplicates of said game, giving it to those friends, and then kindly asking them to delete it when they're done with it. It doesn't work that way. Plus, by posting on the Internet, you're not sharing with a few friends. You're sharing it with a few hundred million strangers. There's a bit of a leap there...

    1. Re:Section F4 by BoyPlankton · · Score: 2

      Yes, you're right, section F4 does say that section 108 does not affect fair use. However, I have already shown that the fair use clauses in 107 do not cover making a copy of a copyrighted work available for download over the Internet.

      I never said that you could. You on the other hand said that I can't make any sort of copy for personal use.

      Um, I thought that was why we were quoting US Code in the first place. You (I assume) are not a library or educational facility, and therefore cannot copy any of your copyrighted works.

      Personal copies fall under 106. The purpose is non-commercial and there is no effect on the market.

      Besides, Title 17, Chapter 1, Section 117 further protects my rights to make a backup copy.

      it is not an infringement for the owner of a copy of a computer program

      Furthermore, Section 117 makes it legal for me to transfer an exact copy of the software so long as I transfer all rights. So, wouldn't it be legal for me to transfer a copy of a game to someone so long as I got rid of my original copy?

  145. Personal Use and the 3rd Party by Oculus+Habent · · Score: 3, Insightful

    So we need a re-design of the law.

    You can make copies for your use (*cough* Cactus Data Shield *cough*) as well as using others copies if you have the license to do so.

    For this you cannot make copies expressly for other people, but other people can use your copies if they already have the right to make their own.

    Whaddaya think?

    --
    That what was all this school was for... to teach us how to solve our own problems. -- janeowit
  146. 17 USC 117 permits backups; what EULA? by yerricde · · Score: 1

    Is there such a thing [as a respected emulation site]?

    Other than this? What about this or this?

    Re: Dumping cartridges, you can only do that if the EULA (in the back of game manuals) explicitly allows it.

    What do you mean? 17 USC 117 permits a US-resident owner of a program cartridge to dump that cartridge for use on a computer. Because I didn't see any EULA when I handed over my con$ideration, I see no reason why it becomes a binding contract.

    (That section doesn't in and of itself permit what these people are doing.)

    --
    Will I retire or break 10K?
  147. Quick point by DaveWood · · Score: 1

    You say "If you download Mario 2 for free, that's one less copy of Mario Advance they sell." This is actually a flawed argument, and one commonly used to justify absurdly high "estimates" about the impact of piracy.

    Downloading a ROM does not mean that the user could or would have bought the product otherwise.

    Note that I'm not making a statement about whether or not you should be allowed to download the ROM; just pointing out the fact.

  148. Name Branding... by Mulletproof · · Score: 2

    Metal Gear. The Original. No chance of making money now, right? Compilations of the Final Fantasy series? THAT is the only reason I can see them being so anal about copies of Space Invaders and Dig Dug. Potential future use. Like frickin' ET. You only see him once every seven years and when they pull him out of hibernation, he usually is a cash cow. It's not so much about making money off that individual game as opposed to making it a rare and unique experience so they can make more money off either the sequel or a complilation of those games, I'd imagine. The game itself is relatively small change compared to the nostalgia it has the potential of creating if the ROM wasn't so readily availible.
    At least, that's my take on it. It's the only halfway logical reason I could think of for companies like Nintendo to be so protective of them. Not that I agree, but...

    --
    You need a FREE iPod Nano
  149. Car parts analogy by yerricde · · Score: 2

    If I own a 1980 Zephyr station wagon and the parts are no longer available for me to fix it, does that mean that I can go out, steal somebody else's car, and be legally free from ramifications?

    But does it also mean you can't manufacture such parts yourself?

    you own the engine and frame of the car, but not the seats. You should therefore be able to go out and steal seats, wheels, a drive shaft, car mats, and every other "accessory" to the car.

    Or make them yourself. Get a flash cartridge and copy games onto it, making sure that you possess and own a genuine original copy*. You're protected under 17 USC 117, the law that permits the owner of a copy (e.g. a cartridge) of a copyrighted computer program to make limited copies.

    * No, that's not necessarily the situation with the rental outlet described in the present Slashdot article.

    Nintendo tries to apply 17 USC chapter 9 (mask work law) to game cartridges in an attempt to get around the backup law. IANAL, but I don't think Nintendo has a case. Apparently, mask work law doesn't apply because it applies to the actual semiconductor masks, not the underlying computer programs. Besides, mask work law doesn't apply to NES or Super NES games because mask work rights last only 10 years (in contrast to perpetual copyright), and the design for NES and Super NES ROM masks was laid down in 1985 and 1991 with the release of the pack-in titles.

    Eventually, in several dozen years, they will fall to public domain as the copyrights expire.

    Not if you keep voting for Senators and Representatives who continue to extend the term of copyright.

    --
    Will I retire or break 10K?
  150. Re:My God by Wind_Walker · · Score: 2
    I notice that in all your examples, you did not address the simple fact that DOWNLOADING A ROM IS STEALING.

    Of course it's OK to switch batteries in your Zelda cart. Of course it's OK to crack open the NES and jiggle the wires. What is NOT OK is to go online and illegally copy a copyrighted work to make up for your "loss".

    As for your clarification of the analogy, it's still wrong. You are not reverse engineering a game. You are taking a direct copy of a copyrighted work and playing it as your own. A more refined analogy is that you find a place on the Internet that will ship you the part, free of charge, and that the part was illegally created, breaking copyright laws.

  151. Super Mario 3 on GBA (slightly off topic) by Anonymous Coward · · Score: 0

    Here are the steps to get Super Mario 3 on your GBA:

    1. Purchase Flash Linker from Lik Sang with flash card.

    2. Download PocketNES, no not the Pocket PC version, from http://nes.pocketheaven.com/ . It is a full featured NES emulator for the GBA.

    3. Download Thingy from the PocketNES site and use it to create a .GBA ROM for upload onto your flash card.

    4. Upload .GBA ROM to flash card on GBA using software supplied with Flash Linker.

    5. Enjoy playing your favorite NES games on the GBA in full speed with sound and color!

  152. I agree with the majority of your point except by JudgeFurious · · Score: 1

    I don't understand why any media industry should view us as citizens and not consumers? I mean, the government (on local, state, and federal levels here in the US) should see you as a citizen. That makes sense. The media is as you say an industry and being an industry they are all about making a profit.

    It's what they do. It's pretty much all they should be doing. They have to obey the law (or at least in theory they do)and should be doing that too granted, but for crying out loud, if the people who are trying to sell you things can't look at you as consumers without pissing you off then how is anyone going to make a buck in this world?

    I would think that a member of any media industry that didn't view you as a consumer or potential consumer would not be around very long.

    --
    Appended to the end of comments you post. 120 chars.
  153. What protection? by yerricde · · Score: 3, Informative

    All Nintendo has to do is say that it was intended as such.

    The fact that Nintendo made most of the NES cartridge specs PUBLIC in Nintendo Power magazine during the third year of publication kind of blows "anybody who reverse engineers our NES cart edge bus is breaking trade secret law" out of the water.

    As an added bonus, the catridge format had the advantage of being a fairly effective form of copy protection, especially in a non-emulated context.

    Are you saying emulation is illegal? Try telling that to the developers of Wine and Bochs. If, on the other hand, you merely claim that Game Paks were physically hard to copy, then look at all the pirate multicarts you can pick up in HK.

    Sure it was bypassable, but the mechanisms for bypassing cartridge-based protection tended to be fairly elaborate.

    I understand that Nintendo 64 Game Paks and later Super NES Game Paks (the one with the SA-1 coprocessor) had a small amount of protection against homebuilt dumping machines, but there is NO protection on Famicom, Game Boy, or Game Boy Advance Game Paks: just write the address, read the data. Write the address, read the data. From there, you can construct a complete backup copy of the binary.

    In contrast, the Dreamcast protection was almost non-existent (with an unmodified Dreamcast being able to boot cracked, burned games)

    That's about how much protection there is on GB and GBA, and homebrew developers like it.

    --
    Will I retire or break 10K?
  154. Three Words by Slur · · Score: 0, Flamebait

    What part of "All Rights Reserved" do you not understand? Yes, it sucks that we can't get most music and movies for free. Yes, it sucks that the DMCA exists. But all this grasping for loopholes in IP law is really pathetic. Until the IP is handed to you by the "owner" it's not yours to borrow or steal regardless of how easy it was to obtain. No, "fair use" does not apply here.

    --
    -- thinkyhead software and media
  155. Nintendo itself == hundreds of titles. by yerricde · · Score: 1

    How much of a share are you going to pay Konami, Capcom, Enix, or any of the other NES licensed developers to use their titles.

    No need. Nintendo itself released hundreds of NES, Game Boy, Super NES, and Game Boy Color titles, and the GCN's 486 MHz PowerPC processor can probably emulate all those systems handily.

    --
    Will I retire or break 10K?
  156. The controller by yerricde · · Score: 1

    Bundle it with an old-school NES controller that's been adapted to plug into the cube

    I already know what NES-style controller Nintendo would use for emulating NES games on the Cube: Game Boy Advance with the GameCube Cable.

    That is, if we could petition Nintendo to release such an emulation demo-disc for the Cube.

    --
    Will I retire or break 10K?
    1. Re:The controller by Troed · · Score: 1
      "Animal Crossing" - GameCube, from Nintendo

      11 NES games inside

      Possible to play both on TV and on a linked GBA - even while unplugged to the GC later

  157. Re:What nintendo etc needs to do to END illegal ro by elmegil · · Score: 2
    But cheap and better for some other reason will always be preferable to free.

    Cheap and easy to get (instead of relying on never-reliable P2P downloads) and gathered together (instead of having to wait through the 75 people ahead of me in the P2P queue) will trump free for the majority of people who just want the damn game.

    --
    7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
  158. Is it possible to write your own music? by yerricde · · Score: 1

    Learn to homebrew.

    Illegal for about 1/3 of Slashdot readers because of lack of chronological age.

    Open Source Software. Lots of projects out there.

    Once your computer breaks, and the only computers on the market require Palladium operating systems, then what do you do?

    Make your own music. Heck, someone has to make it.

    Is that even possible? How do you know that when you write a song, you won't "accidentally" borrow a melody from another existing song?

    --
    Will I retire or break 10K?
    1. Re:Is it possible to write your own music? by Chris+Johnson · · Score: 3, Insightful
      You're still not getting it.

      Music is a sport. It is just as good as a verb as it is when you treat it as an object. It's a form of emotional communication, it's a form of aerobics (well, drumming), it's a form of meditation, a thousand things beyond merely producing objects for sale in a market.

      Some of the most fun I've had in my life has been playing music, just jammin', with people who were able to seize on musical ideas I put out, toss them back to me, grab onto trickier ideas, take them a different direction- it's like playing chess with a bunch of people all of whom are on the SAME SIDE. That would be a jazzy, improv-type approach- if they're rock and roll people, jump around, bang out some loud noises.

      If you're already thinking about how to bottle that and sell it to consumers, you're not really there for it- pack up your instrument and go home!

      The day I can't legally JAM on the melody to 'Free Bird' or something, shoot me.

    2. Re:Is it possible to write your own music? by hplasm · · Score: 1
      Make your own music. Heck, someone has to make it.

      Is that even possible? How do you know that when you write a song, you won't "accidentally" borrow a melody from another existing song?

      Of course it's possible. Do you think there is something impossible about musicians?

      What if you do borrow a melody. There is no law against performing someone else's music. Where would Las Vegas be without all those Elvii?

      --
      ...and he grinned, like a fox eating shit out of a wire brush.
    3. Re:Is it possible to write your own music? by jhines0042 · · Score: 2

      Note: in the SCA (Society for Creative Anachronism) I am often handed a drum and I periodically try to make music with it and sometimes I even get to keep the drum for a while.

      How's that for music as a sport?

      --
      42 - So long and thanks for all the fish.
  159. This is the Post of the Year!!! by MushMouth · · Score: 2

    This is about the first time I have seen someone at slashdot who really gets it.

  160. Re:What nintendo etc needs to do to END illegal ro by bugg · · Score: 2
    I mean, they couldn't have held out for something more profitable, because this was it. It probably wasn't terribly profitable, but it cost very little for them to do (no advertising and a bad job with distribution... word of mouth got it to interested parties) and was better than nothing.

    With classic video games that still have a (relatively) real demand out there, they may be able to hold out for more. It's a very interesting economic problem.

    --
    -bugg
  161. Cracker Barrel does this .. by Bitmanhome · · Score: 1

    .. for audio books. They charge full new price for used books, but buy them back at ~$5 less. So if you don't return them, you've already paid full price. If you do, it's like a rental for $5.

    --
    Not that this wasn't entirely predictable.
  162. Not supposed to last X years... by joaobranco · · Score: 1

    I was under the impression that the law protecting individual backups (we know that we can't share those backups, granted) was precisely to guarantee the use of the product regardless of the problems that may affect the original media.

    You are saying that the individual backups are wrong (since the products have a defined lifetime, that apparently the creator can choose) or that although they are allowed, and I could do it myself, if I hadn't done it I lost the ability to do it later?

  163. It's Just Like KeyServer by MoNickels · · Score: 2

    About seven years ago I worked contract for a world-wide consulting firm (with 35 offices on six continents and a beautifully huge WAN) that used KeyServer for some software license management. You could check out a keyed version of, say, PowerPoint, for a specific period of time, use it, and then forget about it. It would expire when your time was up. You only had to be connected to the network in order to check it out, but the time key was stored on the computer, so it was great for laptops and one-time uses at client sites. Worked pretty well, and is cross-platform.

    --

    Wordnik, a dictionary project which aims to collect

  164. Re:What nintendo etc needs to do to END illegal ro by liquidsin · · Score: 2

    All this talk has made me nostalgic. I think I should pick up an nes controller for three dollars at the local pawn shop and try my hand at hacking up some sort of serial adapter and driver. A quick google for some roms and an emulator and I'm good to go. Anybody else tried anything like this?

    --
    do not read this line twice.
  165. File sharing by meatWAD · · Score: 1

    You know this sounds fair to me... If I buy a game or music cd and decide to loan it to a friend I can do that. Why not do the same over a network. As long as only 1 copy of the game/music cd is running at once what is the problem? Another thing has occured to me. If we are just buying a license to use the music when we buy a CD then shouldn't we be entitled to free new media when it becomes available? In the 60's and 70's I bought hundreds of Vinyl Albums. As cd's emerged I was forced to buy the same music on the new media. So as far as I am concerned I have paid for 2 copies of the same music and why shouldn't I be able to give one away to a friend? Why can the music industry charge twice for the same thing and then freak out when people give away a copy. If I truly am buying a license then if I need new media I should not have to pay full price, just a reasonable cost to provide the new media, as I already bought a license. What we need to do to big business is use the power we have as consumers and not consume. Stop buying anything from these crooks for one month and we could change it all for ever!! Thats it!!

  166. Re:My God by Boiling_point_ · · Score: 2
    blockquoth the consumer:
    You're honestly defending the idea that "I bought product X 20 years ago, and even though it wasn't supposed to last 20 years, I should be entitled to have product X now?" >/i>
    Damn straight. When did it become a company's right to place an arbitrary expiry date on something they sell? Can you point me at the sticker on the box of any Atari 2600 cartridge that says "This game must not be played after April 1, 1990." I know why they don't want you emulating games - because all the games you're still playing from 1982 leave you less time to play new games you'd have to buy today.

    But that's not a moral position - it's a freaking business model.

    In case you've been asleep for the past fifty years, business models have changed - EVERYWHERE. Car manufacturers don't make cars they know will last >10 years, because they can sell replacement, proprietary parts at a great profit. Ever tried to cost building a car from scratch, based on the price of all the replacement parts?

    It never used to be that way. Things were built to last, because consumers, righty or wrongly, valued durability. We rich people in the Western Hemisphere have more disposable income than we did a century ago. We consider anyone who doesn't have access to a clothes washing machine to be very poor. We've got gobs of cash, achieved through massive increases in technological efficiency, and manufacturers have adapted to make sure they capture at least as much of it as they used to - lest we spend it on things like, say "education", or "research" or "leisure" or "the public good".

    I drive a 1963 Ford Anglia 105e. I know it burns more fuel than new cars, but how much energy would have been wasted, if I insist on a new car every couple of years? Consumption is a choice - not an obligation.

    --
    "If you create user accounts, by default, they will have an account type of Administrator with no password." KB Q293834
  167. if I was a millionare by Cable · · Score: 0

    I'd do this to buy up the old C64 and Atari 8 bit ROMS and then sell them to the public for use in emulators for $1 a ROM file. Maybe even sell a CD with the emulator on it and the ROM images as well.

    I doubt that Nintendo, Sega, etc would want to sell their old ROM images, but whomever owns the property of the old Commodore and Atari 8 bit ROMs might want to sell the rights to it as they are not making any money off of them right now.

  168. Re:Wanna hurt the MPAA/RIAA'? End Media Addiction by Anonymous Coward · · Score: 0
    I would add

    11) Volunteer for something, preferably something involving people you normally wouldn't hang out with. Great socially, lends you credibility when you speak on tech issues, and makes you feel good.

  169. Re:good idea... NOT by Angst+Badger · · Score: 2

    Oh, please. Public libraries have been lending out original, purchased copies of books, not photocopies of books. Copyright law governs the production of copies, which is in large part why it's called copyright. Sheesh.

    I hate to run against the brain-seized thinking on /. about what is and is not legal under copyright law, especially since I have some major objections to copyright law as it stands, but this is so blatantly illegal that it's surprising that anyone could miss the point.

    Making a copy of an entire copyrighted work, except for certain very restricted special cases like personal backup copies, is illegal without the prior consent of the copyright owner. Period. It doesn't matter what scheme you come up with, or whether it actually benefits the copyright holder, or whether it's just plain common sense, or whether you're making any money off of it or not. I'm not saying this is a good thing, necessarily, but it is the law, and it is stated plain as daylight in the copyright statutes using short words that even the data-wants-to-be-free IANAL crowd could understand if they ever actually bothered to read it.

    Again, I'm not in agreement with the existing laws, but if it were me and I was pursuing this ridiculous scheme, I would fully expect to be crushed beneath a ton of cease-and-desist letters and civil suits. But my guess is that the twits who are trying this will actually be surprised when their flesh is torn by weasels, and the crowd hereabouts will rally around them the way they do every time some buffoon has his wishful legal thinking shoved up his exhaust port.

    Okay, that was harsh, but tell me I'm wrong.

    --
    Proud member of the Weirdo-American community.
  170. How do I contribute my catridges? by Mustang+Matt · · Score: 2

    I have tons of old cartridges and I would buy even more if they would back them up for me so I could play them on my PC.

    I would really love to play Clash at Demonhead again on the NES.

    I think this is one of the better ideas I've seen in a while. Since everything is stored on their server and loaded directly into memory, it seems very fair since they are accounting for the actual number of copies they have.

    I tried it out and it works great.

    --
    The man who trades freedom for security does not deserve nor will he ever receive either. - Benjamin Franklin
  171. What happens when start charging? by Mustang+Matt · · Score: 2

    They've got expenses, bandwidth, servers, etc.

    Eventually they'll almost have to start charging, this is where I see game manufacturers possibly throwing a fuss.

    I guess if they're only charging enough to cover expenses they might be able to get away with it. But then again, since the rentals are based on the actual number of cartridges they have in stock, how is it different than if blockbuster rents out a game?

    --
    The man who trades freedom for security does not deserve nor will he ever receive either. - Benjamin Franklin
  172. Re:My God by 0x0d0a · · Score: 2

    You're right as far as the 24 hour trial period thing is. The backup copy thing is real, though I'm not sure exactly how legal it is to get that legit backup copy from an infringing copy.

    I agree that the primary motives of many are just to rip of artists, but there really are legitimate reasons for emulation.

    (a) The emulation environment is often much better.
    I know someone who is a huge Final Fantasy fan. He owns all the games. However, he would much rather play them on the computer than on his systems (this is a guy who bought all his systems for the express purpose of playing Final Fantasy, as well) because of the ability to save/restore anywhere, the ability to skip through lengthy annoying bits, the better image, etc.

    (b) Some games are not really playable without emulators.

    Some arcade systems are going away, and there is no real way to play the games. That doesn't mean that it's legal, but perhaps you can understand the frusteration of people who love a game and cannot obtain it. Another example would be LucasArts' early adventure games. They require DOS. Lots of us folks don't own, like, or use DOS. We run Linux. Luckily, some smart people have written up an emulator for those games. I suspect that this is a major force driving current purchases of the games, which are still for sale, as it lets people buy the game and then enjoy it in a modern Windows or Linux environment. Furthermore, most abandonware sites refuse to carry games like this that are still being sold.

    There are a lot of people out there with fairly pure motives who want emulation. Obviously not all of them, but they're certainly there.

  173. Yes, but really, honestly - would you use this? by t_allardyce · · Score: 2, Insightful

    Umm.. lets not beat around the bush here people. How many of you will take option A here:

    A) Wait for the ROM to become availiable (a long time for a popular game). Then download it legally from this site, play it on their restricted software (you can forget about using it in obscure oparating systems or on your PDA) and then watch it expire.

    B) Load up your favourite browser/ROM-site or P2P app and do a search. Download the file, play.

    And, if the demand gets high, they will probably need to start charging or using ad-ware - how many of you would still choose option A? What if your favourite game wasnt on their list, and was only availiable with option B? and finally, what happens when your friend offers you a copy of their super-ROM-CD-collection - still option A?

    This is only going to work if the big corporations manage to stop all forms of piracy and file sharing, _and_ decide that this new method is legal.

    --
    This comment does not represent the views or opinions of the user.
  174. Re:My God by moldar · · Score: 1
    So, based on your comments would this quote from Nintendo's FAQs may have little to no actual legal merit?
    Can I Download a Nintendo ROM from the Internet if I Already Own the Authentic Game?
    There is a good deal of misinformation on the Internet regarding the backup/archival copy exception. It is not a "second copy" rule and is often mistakenly cited for the proposition that if you have one lawful copy of a copyrighted work, you are entitled to have a second copy of the copyrighted work even if that second copy is an infringing copy. The backup/archival copy exception is a very narrow limitation relating to a copy being made by the rightful owner of an authentic game to ensure he or she has one in the event of damage or destruction of the authentic. Therefore, whether you have an authentic game or not, or whether you have possession of a Nintendo ROM for a limited amount of time, i.e. 24 hours, it is illegal to download and play a Nintendo ROM from the Internet.
  175. Re:Wanna hurt the MPAA/RIAA'? End Media Addiction by Windcatcher · · Score: 1
    You forgot: write prose. :)

    A while ago I started writing a book. It's 160 pages so far, and it's a fictional story in the medieval fantasy genre, since that's what I enjoy. It's also taking up nearly all of my spare time, but I enjoy it. I've found that my TV is OFF for 24*7-1 hours a week (1 hour for Farscape). I don't watch any DVDs anymore--at all--so I haven't bought any--at all. I haven't rented anything in YEARS. I'm also involved in a sport, but the point I want to make here is that writing is an option.

    If you're interested in writing, take a look at www.hobgoblin.net. I was looking for resources on writing, and I came across this one. Visit your local bookstore and pick up a book on writing; there are LOTS of them. Then, sit back, dream up a story, and work on it. You might find that you enjoy it a LOT more than watching the latest Holywood piece of garbage...

    Wind

  176. Sega has mad moves in this direction by Anonymous Coward · · Score: 0

    Actually Sega did do something like this during the Dreamcast's run, but the service was only available in Japan. Basically it allowed you to go online and play quite a lot of Genesis and Turbo Grafx-16 ROMs. I'm not sure if it was on a subscription or pay-per-play basis, but it was a good idea, especially given that playing on a console based emulator is more authentic than using a PC anyway. Unfortunately stuff like this tends not to see the light of day outside of Japan.

  177. Re:My God by Tony.Tang · · Score: 2

    Actually, not to be a pizzat, but just for anyone who doesn't know what MAME is, look for http://mame.net/

    Mame is a "multiple arcade machine emulator."

  178. Re:My God by Storm+Damage · · Score: 2

    It may or may not have legal merit. The issue is up for discussion. Anyone is free to make an interpretation of the law, but the only interpretation that really matters (i.e. is legally binding) is that of a judge presiding over a court of law.

  179. If they do lose... by JohnThreePound · · Score: 1, Insightful

    If this company does fight and lose a legal battle, this will effectively illegalize all public libraries, video rentals, used cd sales, etc. These business practices are based on the "first sale" doctrine, not necessarily "fair use".

    Obviously, businesses aren't going to like this, which was very evident when the public library system was being put in place. Publishers cited that their business would be destroyed, which we all know to be a ridiculous claim. The same thing with video rentals, etc.

    As long as there is a physical cartridge/CD/whatever that is owned for each rom that can be used, and each single image can only be "checked out" by one person at a time (and they can prove this), then any opposition should not have legal ground to stand upon. First sale has already been made, and the buyer can sell/borrow/whatever to whomever he/she chooses.

    However, the courts could change their minds, but it would cause a conflict of interpretation in regards to first sale, which could cause many established businesses to suddenly be in potentially bad situations.

  180. Re:What nintendo etc needs to do to END illegal ro by Tofuhead · · Score: 2
    But cheap and better for some other reason will always be preferable to free.

    But that's the thing...there would be no point in doing this if they were going to do it for cheap. And even if people were willing to pay for such convenience, I insist that they wouldn't pay high enough for any publisher to consider this -- not while Sega et al. can re-hash their games in groups of four or five on one disc for $20-40 every time a new system comes out. How many people would pay $100 for a 20 rom compilation CD? $500 for 100 roms? It's like I said in my last post, there's too little reward in selling such discs.

    OTOH, Capcom did something similar in Japan and Europe on home consoles (Sega Saturn and PSX I believe, with non-emulated games), and capitalized on it very well. They released Capcom Generations 1-5, with about 3-5 classic games in each collection, for about the price of one new game each. They could never had made that much on a rom compilation for the PC, where there is a risk of redistribution of individual roms and games typically cost very little.

    < tofuhead >

    --
    It is still the dark of night.
  181. Re:What nintendo etc needs to do to END illegal ro by elmegil · · Score: 1

    Since when does it need to cost that ridiculous amount of money?

    --
    7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
  182. Don't want to say anything... by murky.waters · · Score: 2, Funny
    ...but I prefer downloading current ps2 games off the overnet p2p network. Legal or not.

    [Actually I don't own a playstation, police go away, hey that's my computer you're taking out of the door. Crap.]

    --
    Imagine the Creator as a stand up commedian - and at once the world becomes explicable. -Mencken
  183. Fair Use Not Applicable by KnowledgeSeeker · · Score: 3, Insightful
    A lot of posts are citing "fair use," which doesn't apply in this situation - there is no "fair use" doctrine when it comes to commercial purposes. The law states that you may not, either directly, or indirectly, profit from another's copyright without their express permission. This legal stipulation rules out almost any type of rental model of copyrighted material that isn't endorsed by the copyright's owner.

    While the library example is a compelling argument to defend a service like this, libraries aren't restricted by the same laws. Libraries are exempt for two reasons: First, as public institutions, they receive special protection. Second, they aren't charging for their service, and so they aren't profiting from the rental of the material (they don't rent material, but loan it - a small, but important distinction).

    In contrast, Video rental stores (at least all those I'm aware of) do pay a premium on their VHS and DVD purchases to buy what is essentially a rental license. That's why it's legal for them to rent movies, but not for you, who doesn't hold that licence, to do it. Commercial use of someone else's copyright is restricted by law.

    Four years ago I had a grand plan to use a very similar model to distribute music. Before doing extensive research I even thought I could circumvent the stipulation because I wasn't going to charge, but was going to generate my avenue via advertising. Unfortunately, the "directly, or indirectly" clause has been interpreted broadly - far more broadly than advertising.

    Similarly, because of the way the law is worded, I just don't think there's a way to legally distribute ROM's without entering into an agreement with the copyright holders (I looked into this relatively deeply a couple years ago as well). I do, however, hope that someone does manage to successfully enter into an arrangement with these companies - many of those old games are just too good to lose to time.

  184. Re:What nintendo etc needs to do to END illegal ro by Tofuhead · · Score: 2

    You're missing the point. Sega could do what people are discussing, and release 20 roms on a CD, earning them next to nothing. Or, they could take 4 or 5 of those games, re-hash them on a home console (not a PC), and earn $20-$40, easy. To make the same kind of profit (about $5 per game) on a PC release, they'd have to charge $100 for 20 games. That will never happen.

    I haven't been articulate enough in pointing this out. But realistically, there is next to no reason for anyone to do this, not when the prices that console games can demand is so lucrative compared to the PC games market. I can buy 5 emulated Genesis/Sega CD Sonic games for Windows for $5. The Gamecube release of these games, plus a few others, will initially earn Sega about ten times as much as that, and that price may someday fall to as low as $20-$30. Which of these two releases do you think Sega will be more pleased with?

    The whole idea of releasing cheap roms as an alternative to illegal internet rom trading sounds fine and dandy, until you look at it from the publisher's standpoint. Nintendo will never go for it, the same way Sony will never sell $3 CD albums just to combat the popularity of MP3s.

    < tofuhead >

    --
    It is still the dark of night.
  185. Re:What nintendo etc needs to do to END illegal ro by Anonymous Coward · · Score: 0
    I think I should pick up an nes controller for three dollars at the local pawn shop and try my hand at hacking up some sort of serial adapter and driver.
    Actually, Linux has a driver for parallel port adapters for NES, SNES, PSX, and other controllers. The documentation even includes diagrams showing how to make the adapters.
  186. Re:My God by Kashif+Shaikh · · Score: 1

    Forgive me for being blunt, but Nintendo doesn't give a shit about its customers who want to back-up their cd/cart. These customers are a small minority in Nintendo eyes.

    Nintendo is far more afraid of piracy. They don't want to provide an easy way for backing-up and restoring cd/carts. The ratio to legally backed up software to pirated is something like 1:1000(made up figure).

    They don't give a fuck about the small minority, because believe it or not, it doesn't affect their business. Big wow huh? Most corporations don't _really_care_ about the customer, they only care to the point of making a damn buck.

    As soon as they find out, "make customer x happy == $$$ lost", they go "screw x, protect $$$". Remember, you are just a variable in a money equation.

  187. Thoughts by Student_Tech · · Score: 1

    it is illegal to download and play a Nintendo ROM from the Internet.

    Hmm. It specificly says internet, does this mean that if I have a CD-R full of rom images I can loan it to my friends and they copy files off of it, then it is legal if I have dumped them myself? Or sharing them off of my computer when I am at college on the schools intranet?

    Just some thoughs.

  188. ROMS for the masses? by RoC+MasterMind · · Score: 1

    I think this is a somewhat good idea, as some people don't know how to setup a rom/emu environ, and for those of us who do, maybe we can play some titles we don't have.

  189. Re:Wanna hurt the MPAA/RIAA'? End Media Addiction by tq_at_sju · · Score: 1

    i agree totally with this, but i couldn't bear life without hearing good vibrations at least once a month, i'm picking up good vibrations she's giving me....

    --
    http://www.vanillaafro.com - take me seriously and I will shoot you
  190. Re:Wanna hurt the MPAA/RIAA'? End Media Addiction by tq_at_sju · · Score: 1

    I close my eyes....joking

    --
    http://www.vanillaafro.com - take me seriously and I will shoot you
  191. Video Store Minus the Rental Fee by insane8 · · Score: 1

    Sounds to me like a super effecient video store minus the rental fee. RIAA shouldent have a problem with this unless they plan in taking Blockbuster to court...

  192. Re:What nintendo etc needs to do to END illegal ro by Anonymous Coward · · Score: 0

    You are all forgetting something..

    For every one good game ther are abut ten crap games for the NES, roughly.

    So they can make a decent profit by throwing on extra crap games from the companies that they put the good ones on from to pad out the compilations. The company will most likely allow them to shovel the bad games onto the complilations. Some pople wil want some of those games, but they wont' cost much to Nintendo, because they don't really have much commercial value.

  193. No Lost Revenue by alatesystems · · Score: 1

    I don't see why the companies would be upset at people freely distributing emulators and roms for old systems. They no longer manufacture either, sot he only revenue is in the used market. Why would the manufacturer care if they are not losing revenue?

    Chris

  194. Precident by SnatMandu · · Score: 2
    It's called precident, I think.

    I can rent PS2 games at blockbuster, so what's the problem here?

    THe problem here is that the man on the street understands renting a CD or cartdridge containing software, but he understands it on the physical level. Once you start talking about transmitting that copy in electronic (not physical) form, it starts to sound sinister enough to Jonny Q that the RIAA et al can have their way.

    It's dumb simple.

    1. Re:Precident by esme · · Score: 2
      I can rent PS2 games at blockbuster, so what's the problem here?

      THe problem here is that the man on the street understands renting a CD or cartdridge containing software, but he understands it on the physical level. Once you start talking about transmitting that copy in electronic (not physical) form, it starts to sound sinister enough to Jonny Q that the RIAA et al can have their way.

      The problem is that in one case you have one copy, which you are giving to another person. This means that while they have it, you don't, and you can't use it. In the other case, you've now got two copies: one that you let them download, and one that you still have. Now you might say that you're not going to use it. But nothing is stopping you. This is related to the mp3.com precedent: just because someone has a license to have a copy, you still can't make a copy of a work and give it to them -- they have to make it themselves.

      Libraries and video stores don't cause any trouble: they buy a copy of something, let people borrow it, etc. There's only one copy, they paid for it, and by the doctrine of first sale, they can do whatever they want with it. Libraries also have the benefit of not being liable for damages in cases where they are found to have made a good faith effort to comply with copyright law -- private companies can be liable for huge damages, even if thier lawyers and everyone else thought it was OK to do what they were doing.

      Once you start making copies of a copyrighted work, all bets are off. You have to get permission from the copyright holder or claim fair use (and deal with an area of copyright where there are no clear precedents). In my experience (working at an academic library that has been considering the ins and outs of copyright issues related to digital library content), there are no hard and fast truths in fair use, no trusted precedents, and no certainty about how a court would rule in any given situation.

      -Esme

  195. Re:Wanna hurt the MPAA/RIAA'? End Media Addiction by MuMart · · Score: 1

    Seeing as we're out on the left field a bit here, how about this:

    Don't listen to commercial music, get music free from the various mod sites etc. It helps if you are into electronic music, of course ...

  196. time, not money by Anonymous Coward · · Score: 0

    Every fun activity you could partake in besides playing the newest super-duper game (and having bought it before) is the game-companies enemy. Even more so if the two are similar. If you spent all your time playing old games you don't have time to play new games and to double your video-game-playing time might get boring fast. So, yes, it's in segas/nintendos best interest to not allow free download of roms they don't sell anymore.

  197. Re:Wanna hurt the MPAA/RIAA'? End Media Addiction by merlin_jim · · Score: 2

    Here goes all of my karma:

    Settlers of Catan rocks! I thought I was the only guy that knew it existed!!!

    --
    I am disrespectful to dirt! Can you see that I am serious?!
  198. Bring back micropayments... by Bazzargh · · Score: 3, Interesting

    Back in my day they used to have a scheme where you could play any available videogame for 10p (er, 25c for the yanks?). This whole ROM sharing thing went on too, but was more of a one-way process when the big kids wanted a game.

  199. Re:My God by barawn · · Score: 2

    Remember that all the IP lawyer people are saying that you're not buying anything when you buy books, music, games, etc., you're "licensing intellectual property." And this is the kicker: if the IP is what's important, then if the object is damaged, I still have the license to the IP. And therefore, I can download a copy of it if I want to replace the loss that occurred. They can't have it both ways: they can't say "yes, you're buying IP, but when you lose the physical object, you lose the license, ha ha."

    There isn't clear law on this, I don't think. You can't "illegally distribute" games, true. But you're not illegally distributing them: you're distributing a legal archival copy to people who have the right to possess it.

    If Nintendo really wants to stop me from downloading ROMs, then they should support the IP that they never said they would stop supporting. Have a licensing card in each game, and allow me to download a new copy or obtain a new copy simply buy calling it. I'm buying IP. Not buying a game.

    And yes, the analogy is correct. Simply because the difficult part of the reverse engineering is done (my friend already built the spare part for the 1980 Zephyr, or whatever) doesn't make copying his copy not reverse engineering. It's just that the gruntwork's already done for me. Isn't progress wonderful?

    Honestly, look at the example I gave before. A part on my 1980 Zephyr breaks. They don't support it anymore. I go to a friend, who has the same car, and had the same problem. Before his part broke, he looked at it, made a copy of it, and stored it for safe keeping. I look at his copy, say "hmm", and make a copy myself. This is identical - literally - to the game situation at hand. The fact that "making a copy" was as simple as clicking on something and saying "Save As..." doesn't make it not making a copy.

  200. Re:My God by windex · · Score: 2
    You are taking a direct copy of a copyrighted work and playing it as your own. A more refined analogy is that you find a place on the Internet that will ship you the part, free of charge, and that the part was illegally created, breaking copyright laws.
    ...

    More so, a copyrighted work I have the rights to use, that sits on a defective peice of media that replacements are not available for.

    It's not the fault of the person downloading that a ROM was illegally created, its the distributer/creator of said ROM's problem. As for the person who owns the right to use the game, I hardly think it's against terms of fair use to utilize said software in any form it is available in.

    Let's use your car analogy, let's say your old POS car needs a new engine, block up, and you can't find anything. Let's say some other POS owner decides to post the specifications of the engine on the internet, including block casting sizes, etc, but company XYZ that made the 1960 POS dosen't like that, since they still use the block design in a newer car and claim its trademarked/copyrighted/DMCA'd to death/whatever. Do you a) ignore company XYZ's complaint, since obviously, your car is 40 years old and whatever you do to it to replace the engine with one based on the original should be legal, b) flame the guy who loves his car and posted information on how to replace parts of it (that are of value to you) for violating company XYZ's wishes, even though their shitty car's engine block disinigrated because it was made from some cheap crappy alloy.

    Hmm?
  201. That's what you get by JudgeFurious · · Score: 1

    That's what you get for being a fetus during the NES boom days! It's the breaks kid. I sure would have liked to have been around back when they were making those 63' split window vettes too and I would have loved to have been able to buy one brand new off the show room floor.

    Instead I wasn't around then so I didn't get the chance to do it. I can still BUY one and restore it though. I just don't get to steal the parts to make it run.

    --
    Appended to the end of comments you post. 120 chars.
  202. Nintendo is nuts! by theLOUDroom · · Score: 2, Interesting

    Check this out: http://nintendo.com/corp/faqs/legal.html#what%20ar e%20ROMs
    These guys are nuts!
    They claim all kinds of legal things are illegal.
    From this website:
    Are Game Copying Devices Illegal?
    Yes. Game copiers enable users to illegally copy video game software onto floppy disks, writeable compact disks or the hard drive of a personal computer. They enable the user to make, play and distribute illegal copies of video game software which violates Nintendo's copyrights and trademarks. These devices also allow for the uploading and downloading of ROMs to and from the Internet. Based upon the functions of these devices, they are illegal.

    Are they allowed to just lie like this? Pirating games is illegal, not making a backup.
    Here's another good one:

    Can I Download a Nintendo ROM from the Internet if I Already Own the Authentic Game?
    There is a good deal of misinformation on the Internet regarding the backup/archival copy exception. It is not a "second copy" rule and is often mistakenly cited for the proposition that if you have one lawful copy of a copyrighted work, you are entitled to have a second copy of the copyrighted work even if that second copy is an infringing copy. The backup/archival copy exception is a very narrow limitation relating to a copy being made by the rightful owner of an authentic game to ensure he or she has one in the event of damage or destruction of the authentic. Therefore, whether you have an authentic game or not, or whether you have possession of a Nintendo ROM for a limited amount of time, i.e. 24 hours, it is illegal to download and play a Nintendo ROM from the Internet.

    If I have a copy of the original cartidge, I don't see where they would have any legal leg to stand on saying that I couldn't download my backup copy from the internet. What if I ripped the ROM image myself, move it to my website and download it back to my PC? Does anyone know if there is any actual ruling supporting this or is this just them trying to say that you can't use the word 'mario' without paying the the appropriate liscensing fees?
    Copyright law needs to be changed so that, any work that is publicly availible not made publicly availible for sale becomes public domain in n years, where n is less than 75 frickin' years

    --
    Life is too short to proofread.
  203. making money from ROMs?? by mac666er · · Score: 2, Insightful

    Nintendo should stop this nonsense of protecting NES and Arcade ROMs. Once they are freely available even from Nintendo.com or in an extreme case $1 a pop as some suggest (geez buddy why not buy me a donut and Ill let you copy my ROM of {insert your fav game here} or better yet Ill send it to you by email.)fans will lose interest eventually and perharps will be interested again in 10 more years.

    My point is that Nintendo should add value. I dont want to spend money on Millipede or Super Mario 3 again... I already did (or rather, my parents :P ). Now, Nintendo allows me to play Super Mario 2 full color and whenever and wherever I want. That is a feat no emulator can do. And i am willing to pay 30 bucks to play Zelda, Mario and Final fight again in an 8-hour flight in a gb advance, without carrying a pc monolith.

    Nintendo and other paranoid ROM protectors should focus on creating *NEW* value, as thats what makes their business alive. ROM profit cannot possibly stand as a core cash inflow... those Roms are a legacy to humanity and all of us have already paid more than was due while Asteroids and SuperPunch Out were in the arcades.....

  204. This works perfectly by theLOUDroom · · Score: 1

    I've done this (replaced the connector) before and it worked perfectly.
    I ordered some speakers from and electronics company and instead of my tweeters, they sent me a pair of nintendo cartridge conns. They promptly sent me the right stuff and said I could keep the connectors, which turned out to be exactly what I needed to fix my Nintendo.

    --
    Life is too short to proofread.
  205. Public performance ban in USA copyright law by yerricde · · Score: 2

    What if you do borrow a melody. There is no law against performing someone else's music.

    You mean other than 17 USC 106? "the owner of copyright under this title has the exclusive rights to do and to authorize any of the following: ... in the case of ... musical ... works, to perform the copyrighted work publicly". ("Publicly" is defined in 17 USC 101.)

    Where would Las Vegas be without all those Elvii?

    Professional impersonators of the late Elvis Presley license the rights to Presley's name, likeness, and catalog of musical works through big clearance organizations to which the amateur musician has little or no access.

    --
    Will I retire or break 10K?
    1. Re:Public performance ban in USA copyright law by hplasm · · Score: 1

      The word amateur IS the key here. Any legislation that messes with amateur status is asking for trouble, probably constitutional.

      --
      ...and he grinned, like a fox eating shit out of a wire brush.
  206. 17 USC 106 by yerricde · · Score: 1

    The day I can't legally JAM on the melody to 'Free Bird' or something, shoot me.

    You have sentenced yourself to death for violating 17 USC 106, which bans most public performance of a copyrighted work without permission from the copyright holder. Thank you for playing ;-)

    --
    Will I retire or break 10K?
    1. Re:17 USC 106 by Chris+Johnson · · Score: 2
      Jamming isn't a public performance. You're thinking of 'gigging', which is yet another business activity where you charge people to get in- or another form of 'gigging', where you perform publically without getting paid to entertain people in a public setting.

      You're still not 'getting' jamming. Nyah ;)

  207. Re:What nintendo etc needs to do to END illegal ro by 42forty-two42 · · Score: 1
    THERE IS MONEY TO BE MADE HERE.
    --
    "A witty saying proves nothing." --Voltaire
    Hmmm... what were you saying? :)
  208. Re:Wanna hurt the MPAA/RIAA'? End Media Addiction by jhines0042 · · Score: 2

    11) Volunteer for something, preferably something involving people you normally wouldn't hang out with. Great socially, lends you credibility when you speak on tech issues, and makes you feel good.

    Great addition to the list!

    --
    42 - So long and thanks for all the fish.
  209. Re:Wanna hurt the MPAA/RIAA'? End Media Addiction by jhines0042 · · Score: 2

    Good for you!

    It truely is amazing how much free time you have when you aren't wasting it watching TV.

    Me, I would write if I were inspired. Usually I'm inspired to create something physical (you know, build it, bake it etc...) rather than writing. If I had a good subject though I might consider writing a book or two.

    --
    42 - So long and thanks for all the fish.
  210. Re:Wanna hurt the MPAA/RIAA'? End Media Addiction by jhines0042 · · Score: 2

    It sure does. The amazing thing about Settlers and other games of its like is that they are cooperative/competitive games where people have to work together to get ahead collectively. But the key is to always come out slightly ahead in the deals.

    The first thing you learn in Settlers of Catan is that if you screw over one person then you get screwed over by everyone else in the game and never get anywhere. If you never do equitable trades then you don't ever do any trades because nobody trusts you.

    Maybe some of the folks at the RIAA or the MPAA could learn something by playing Settlers of Catan!

    --
    42 - So long and thanks for all the fish.
  211. CONSOLE CLASSIX! by Smartasu · · Score: 1

    i love console classix, and anyone else who has anything negative to say about it should just suck up and bust. you are all just jealous because ur so stupid that u didnt think of that brilliant idea first! so YAY Console Classix!

  212. lost the link? by Deven · · Score: 2

    Mr. Olman was speaking in favor of the Sonny Bono Public Domain Pillage Act (also known as the "Copyright Term Extension Act"). He bewailed the loss of revenues such Communists and anarchists as the Boy Scouts cost the poor, abused Content Cartel every year. (Blatant plug: The Post published my reply. Like a schlub, I've lost the actual WashPost link.)

    I guess you didn't try hard to find it... the WashPost link was right there on the page you did link to!

    --

    Deven

    "Simple things should be simple, and complex things should be possible." - Alan Kay