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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.
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.
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.
Moderation: Put your hand inside the puppet head!
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.
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I'm not a geek, but I play one on TV.
How long beforce some one figures out how to bypass the locking and keep the ROMs on local machine? My guess 48 hours.
good idea! Public libraries have been operating like this for centuries.
Skiers and Riders -- http://www.snowjournal.com
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.
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.
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
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
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.
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.
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.
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.
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.
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.