Slashdot Mirror


World of Spectrum gets a Visit from the IDSA

Dasaan writes "the World of Spectrum , a site that legally archives old Sinclair Spectrum games, has been accused of distributing copyrighted material by the IDSA . The list of games supposedly being offered on the site include titles such as Soldier Of Fortune and Barbarian. And a quick search of the site shows that these titles are indeed being offered, however they are the original versions that were released many years ago and have now been officially made legal to supply by the current copyright owners." Their correspondence is also available.

258 comments

  1. Eh? by Anonymous Coward · · Score: 5, Informative

    IDSA is a company / organisation, not a gov body. Tell them to fuck off.

    Same for the BSA and others. They carry no weight, they can represent who they want. its in the courtroom that matters.

    1. Re:Eh? by Anonymous Coward · · Score: 5, Insightful
      IDSA is a company / organisation, not a gov body. Tell them to fuck off. Same for the BSA and others. They carry no weight, they can represent who they want. its in the courtroom that matters.

      The problem is that for a small organization or a single person running a site, telling these companies to "fuck off" will end up putting them out of business. They'll drag your ass to court and you'll have to spend money on lawyer fees and court costs whether you are guilty or not. That's why a lot of times the mere threat of these is enough to get someone to roll over and shut down. Would you really want to deal with contacting a lawyer, shelling out money to retain them, preparing a legal defense, etc.? Most people don't since we're not comprised of professional lawyers, but the BSA and IDSA is. They have nothing better to do than make your life a living hell. Yet another reason why we should eliminate all lawyers.

    2. Re:Eh? by dkf · · Score: 1

      Eugh. Not only are IDSA a corporate body, they have a really awful website that looks like it was hacked together by someone without knowledge of the issues in serious website design. For example, it is obvious that the designer did not believe that people would have large monitors. Nor did they think that anyone blind would try to access the website, as a large fraction of the images lack ALT attributes...

      By contrast, WoS is a much more competently produced site. Well done guys! Keep showing the suits up as the clueless fools they are!

      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
    3. Re:Eh? by Dusabre · · Score: 1

      Eliminate all lawyers? Sure, just eliminate all the laws beforehand. And since all human remotely civilized societies ever have had laws (and their interpreters), you should eliminate all humans first.

    4. Re:Eh? by cosmo7 · · Score: 1
      Eliminate all lawyers? Sure, just eliminate all the laws beforehand. And since all human remotely civilized societies ever have had laws (and their interpreters), you should eliminate all humans first.


      it's still worth it.

    5. Re:Eh? by andrew_0812 · · Score: 1

      Their Response: ABUSE DENIED!


      Or Maybe: RESISTANCE IS FUTILE!

  2. Abuse denied? by Anonymous Coward · · Score: 2, Funny

    Their correspondence is "Abuse denied?" With that attitude they'll get a lot of attorney friends.

    1. Re:Abuse denied? by Anonymous Coward · · Score: 0

      Abuse Denied is the server's way of stopping too many people leeching from the ftp service - and unfortunately, the /. effect looks very similar :)

      It may also be that someone with an address similar to yours has actually been leeching. Go back in 24 hours, and all will be well.

    2. Re:Abuse denied? by rpresser · · Score: 1

      1. Turn off your Proxomitron.
      2. Go to the root page.
      3. Click on the "Copyrights" link.
      4. Go to the bottom of that page and find the "recent cases" link.

  3. Since the link doesn't work by Anonymous Coward · · Score: 5, Informative
    Here is a working one. They are surprisingly pro-rights-holder. Unlike most such sites, they don't simply say 'we can distribute this because we want to', but they acknowledge that a company who has spent many hours (albeit 10 or 20 years ago) and money developing a game has the right to distribute it (or not!) as they feel fit.

    Reading that link you realize that essentially they are PRO-IDSA.....

    1. Re:Since the link doesn't work by pak21 · · Score: 5, Informative

      Reading that link you realize that essentially they are PRO-IDSA.....



      That's certainly not true. Whilst the WoS team (of which I may be considered to be a part) and in fact, a significant proportion of the ZX Spectrum emulation community will respect the decisions of a few companies not to have their work distributed, the way the IDSA is going about it (trawling the web and sending off threatening letters based on filenames) is completely out of line.



    2. Re:Since the link doesn't work by Anonymous Coward · · Score: 0, Interesting

      They are surprisingly pro-rights-holder. Unlike most such sites, they don't simply say 'we can distribute this because we want to', but they acknowledge that a company who has spent many hours (albeit 10 or 20 years ago) and money developing a game has the right to distribute it (or not!) as they feel fit.

      Reading that link you realize that essentially they are PRO-IDSA.....


      They have *every* Spectrum game I hold copyright on up there. No-one has ever asked for permission to distribute and I've not given it.

      Every time I've been asked I've given conditional permission, don't ask first and I call it piracy and take a hardline. Please don't assume that when pirates claim they have permission its not just a lie.

    3. Re:Since the link doesn't work by Anonymous Coward · · Score: 0

      Oh, by the way, I'm the Easter Bunny. Remember last spring? you hid those "Easter Eggs" for your children? Well, I hold the patent on that, an initial estimate on the royalties you owe me comes to US$100. I assume you'll put the check in the mail tomorrow, good day.

    4. Re:Since the link doesn't work by pak21 · · Score: 5, Interesting

      They have *every* Spectrum game I hold copyright on up there. No-one has ever asked for permission to distribute and I've not given it.

      Please accept the apologies of the WoS team for that; we have made good faith efforts to contact copyright holders of all Spectrum programs we know about, as can been seen from the lists available.

      If you do wish your games to be removed from WoS, mail mia (at) worldofspectrum.org and they will be removed ASAP. However, I would like to take this opportunity to ask for your permission to distribute your programs from WoS. Contact me or WoS if you would like any further details.

    5. Re:Since the link doesn't work by JCMay · · Score: 0

      Funny, I've never seen *any* software that was Copyright Anonymous Coward.

      Perhaps if had better contact information they could find you and secure persmission?

    6. Re:Since the link doesn't work by schmink182 · · Score: 1

      I'm not sure if you realized, but the parent poster was an Anonymous Coward, which means he was lying.

    7. Re:Since the link doesn't work by AndrewHowe · · Score: 1

      Why don't you start with an empty site, then add stuff when the copyright holders give their express consent? Wouldn't that save a lot of silly bother?

    8. Re:Since the link doesn't work by pak21 · · Score: 3, Informative

      Pragmatism: it would also result in a site which wasn't actually a useful resource. Martijn van der Heide (WoS's maintainer) has tried contacting every copyright holder we know of, and the vast majority of these queries have simply never been replied to.

      For many games, there's also the problem that nobody actually knows who the copyright holder is: the game was produced by some small company who went bust, who now owns the rights has vanished into the mists of times.

    9. Re:Since the link doesn't work by Mournblade · · Score: 3, Interesting

      Let me get this straight: You attempted to contact copyright holders, and when you didn't receive a response from them, you assumed it was okay to continue to offer their works for download? In other words:

      Dear Copyright Holder:

      We are offering your works for download on the internet for free. If you would like to Opt-Out of this arrangement, please let us know by clicking the link below. Otherwise we will continue to offer this service, even though we don't actually have your permission.

      Cheers,

      The WoS team.

    10. Re:Since the link doesn't work by AndrewHowe · · Score: 2, Interesting

      So your desire to have a "useful resource" is more important than observing copyright law?
      If you couldn't contact the copyright holders, then they clearly *did not* give express permission for you to freely distribute their stuff. You can't just assume that their silence means their agreement.
      Imagine the fuss if I "tried" (not very hard) to contact the author of some GPL'd stuff, and after a week with no reply decided that they had agreed to my putting it all out as public domain, sans copying.txt!

    11. Re:Since the link doesn't work by Hrothgar+The+Great · · Score: 1, Insightful

      I don't think anyone is assuming that a copyright holder's silence equals agreement; I think it would be more accurate to state that one would have to be severely stuck up to actually give a shit as to whether they followed every single copyright law all the time - in other words, some people constantly check whether they're being ethical and/or whether they are upholding the law, and most of us don't actually give a crap about your ridiculous notions of how to live.

      Guess whose life is easier.

    12. Re:Since the link doesn't work by pak21 · · Score: 5, Informative

      I think that's a rather harsh way of putting things. The contact e-mails which are sent are rather more detailed than that, and attempt to explain why we're doing this as well.

      As I said above, the decision to distribute 'non-denied' games is a pragmatic one; we've never tried to claim that what we're doing is 100% whiter than white legal, but we are making an effort on this front. From a personal point of view, that matters a lot to me.

    13. Re:Since the link doesn't work by Boatman · · Score: 3, Insightful

      Now that's true greed. I'm so apathetic about something that I wrote 20 years ago that I can't even be bothered to be *contacted* about it, but you sure as heck can't use it or share it with the others who are trying to preserve the history of an ancient hardware platform.

      Enjoy the company of your dusty floppy disks, and sleep well knowing that you deprived a hobbyist of a trifle of enjoyment just because you could.

      --
      --Just the place for a snark!
    14. Re:Since the link doesn't work by Anonymous Coward · · Score: 0

      Didn't we learn ANYTHING from the Simpsons.
      This sounds very similar to the plight of Lisa.

      We all try to hold up our ideals and beliefs but sometimes we just shouldn't. The truth is that copyright laws are made by us and therefore not perfect.

    15. Re:Since the link doesn't work by Dhericean · · Score: 1
      They have *every* Spectrum game I hold copyright on up there

      Is this because you hold copyright on no Spectrum games (and that is the number of your Spectrum games that are up there)?

      This post reads very like a troll attempt. Anonymous posting of unsubstantiated claims against the main flow of a Slashdot discussion.

      --

      Gamma Testing - Where testing is extended to the full user community (AKA Shipping the Program)
    16. Re:Since the link doesn't work by Anonymous Coward · · Score: 0
      A company who "went bust" also went to court during bankruptcy, and a judge decided what to do with the assets (or appointed someone to do that). Look in the court records of the county in which the company existed (often easily found in the state's business name registration office).

      If a company just shut down without filing as bankrupt, the owners/stockholders still own the assets. If they died, the estate owns the assets.

      Just because you haven't found them doesn't mean they don't exist. Did you try a "skip trace", the same way you'd go about finding someone who moved away without notice?

    17. Re:Since the link doesn't work by Anonymous Coward · · Score: 0

      Oh, yeah, just because you want a "useful" resource it is OK to add illegal stuff. I'm building an information resource piece-by-piece so it is legal. I could fill it quickly by grabbing stuff that other people have made available, but then I wouldn't own it. So I'm wading through source material to create my own summaries and descriptions...

    18. Re:Since the link doesn't work by spectecjr · · Score: 1

      They have *every* Spectrum game I hold copyright on up there. No-one has ever asked for permission to distribute and I've not given it.

      Yeah right... which is why you're posting as an anonymous coward and not letting them know which games they can put up.

      Simon Cooke
      (Ex-Tech Editor, Your Sinclair magazine)

      --
      Coming soon - pyrogyra
    19. Re:Since the link doesn't work by Ataru · · Score: 0

      For the avoidance of doubt, then, will you now agree that what you are doing is not legal?
      Oh well, but your conscience is clear because you made "an effort".
      *tap tap tap* Hello? Deep down (well, not so deep really, I can almost hear you sniggering) you know full well what you are up to. You are kidding no-one, except perhaps for yourself...

  4. Inevitable really... by Lynn+Benfield · · Score: 5, Insightful

    Searches like this are probably sub-contracted out to the lowest bidder, which will come down to a couple of interns typing "soldier of fortune download" into Google...

    Bit of a pain for WoS to have to respond to this kind of rubbish, but it's obviously sent out to intimidate (since when did the Berne Convention have anything to say about "Immediate Take Down").

    1. Re:Inevitable really... by thed0gman · · Score: 2

      Agreed, I think the other worry is that the IDSA didn't indicate in the letter that they *could* be wrong.

      There was no "if this letter was received in error" or "if we've fscked up, then sorry" - just a threat to take down the unverified "offending" material immediately.

      I don't think they realise the damage this does to their reputation and, conversely, the power that a positive and insightful IP enforcement body could have.

    2. Re:Inevitable really... by Fenresulven · · Score: 1

      I don't think they care much about what damage it could do to their reputation as it's pretty much as bad as it can get already, now your comment about the power a positive and insightful IP enforcment body could have however...

    3. Re:Inevitable really... by Anonymous Coward · · Score: 0

      Uh, it's a copyright-chill letter. It was carefully designed by highly-paid lawyers to regurgitate precisely chosen boilerplate to do exactly what it's doing just now.

      "a positive and insightful IP enforcement body"

      What is this strange and wondrous animal you speak of?

    4. Re:Inevitable really... by Anonymous Coward · · Score: 0

      Damage to their reputation? The Internet Damn Stupid A***holes? What reputation would that be? :)

  5. Why o Why? by Smid · · Score: 5, Interesting

    I was wondering this...

    Why are copyright owners tracking down such things which wouldn't get pennies nowadays (they were selling off the old cassettes for 10p long ago).

    Only thing I can think of is that some people are realising the value of not so much the games, but the ideas. Things like Sabre Wulf is one of the old Ultimate franchises which can be updated, and its franchises which sell nowadays. A lot of licenses tied up in those games too (I think Ocean owned the franchise for Batman for a long time too), maybe thats what they are trying to protect.

    Or maybe they're just going to sell them all back to us again, like nintendos been doing with the GBA.

    I suspect the former... I mean, have you played some of those games recently? While they had value at the time, they are not up to par graphics wise to something like the GBA...

    1. Re:Why o Why? by psychofox · · Score: 5, Informative
      I think the point the article is trying to make is that the copyright owners aren't trying to 'track down' these things.

      The problem is with organisations like IDSA which stumble across websites offering games and then automatically assume there must have been a copyright violation.

      The article explicitly states that the website in question had already obtained permission from the copyright holders to redistribute the material...

    2. Re:Why o Why? by Hittite+Creosote · · Score: 0, Redundant
      Or maybe they're just going to sell them all back to us again, like nintendos been doing with the GBA.

      Sounds likely.
      1. Take classic Spectrum game and update the graphics
      2. Sell it to run on the latest mobile phones
      3. Profit.

    3. Re:Why o Why? by Anonymous Coward · · Score: 0

      Actually, I believe "Profit" is the 4th step

    4. Re:Why o Why? by axolotl_farmer · · Score: 2, Informative

      Sabre Wulf was a great game! But...Ultimate changed their name to Rare. Rare actually still uses their old stuff in newer games. They even used the name Sabre Wulf for a charcter in beat-em-up Killer Instict. The killer app for the original 16k Spectrum, Jetpack, appeared as a mini game in Donkey Kong 64

      Note that Rare was recently purchased by Microsoft. Not very likely that they'll release their old Speccy titles for public use.

      A ner Alien8 would be fun though...

    5. Re:Why o Why? by Anonymous Coward · · Score: 1, Insightful

      Every time you download and play an old game, you're not playing a newer one.

      They don't want you to have free access to old games, they want you to buy new ones.

    6. Re:Why o Why? by BenjyD · · Score: 1

      But the ROM and the licence are not the same thing. For example, when I write a paper for publication in a journal, I sign a copyright form. This gives the publisher copyright over the manuscript, but the ideas contained within it remain mine. This is similar I think - let people distribute the ROM (it maintains interest in the game for when you do release an updated version), but keep the intellectual property rights to the idea.

    7. Re:Why o Why? by Anonymous Coward · · Score: 1, Interesting
      1. Take classic Spectrum game and update the graphics 2. Sell it to run on the latest mobile phones

      That reminds me, is Sprint on crack or something? I bought a Vision-enabled phone and was checking it out and found you could download new ringtones and games and wallpaper, except, it's like $4 for a game! On top of it, the games EXPIRE!!! What the fuck? You pay $4 for a shitty little phone game that they probably updated from an atari 2600 game and you rent the thing? Talk about profit! Obviously I haven't bothered being duped into that shit. I hope there are free ring tones and games.

    8. Re:Why o Why? by John+Sullivan · · Score: 1

      Actually, what they really want is for you to stop playing games altogether (saves *so much* on development costs), and just give them all your money for nothing.

      --
      This is my World Wide Web of Whatever
    9. Re:Why o Why? by FromWithin · · Score: 2, Informative

      >Note that Rare was recently purchased by Microsoft. Not very likely that they'll release their old Speccy titles for public use.

      That's not necessarily true. Microsoft bought The Blue Ribbon Soundworks, creators of the greatest MIDI program in the world, Bars & Pipes Pro and eventually (after about 6 years) released the source code to the program back to the Amiga community.

    10. Re:Why o Why? by program21 · · Score: 3, Informative

      You do realize that copyright doesn't cover ideas, but the expression of those ideas? The words you used, the way you formatted, etc. is what you own the copyright on, but there's nothing to stop anyone else from writing about the same thing.

      --
      This has been a test. Had this been a real emergency, we would have fled in terror and you would not have been informed.
    11. Re:Why o Why? by Gorgonzola · · Score: 1

      Ideas are not copyrighted. They may be patentable, but fall outside the reach of copyright. And let's keep it that way.

      --
      -- Spelling and grammar errors tend to be a sign of erroneous thinking.
    12. Re:Why o Why? by BenjyD · · Score: 1

      Yeah, just read a description of copyright on the form and I'd mixed up patents with copyrights - I maintain the patent rights to the idea if I want them (and patenting ideas developed at the public's expense is just plain wrong).

      So why the hell do these companies care so much about redistributing ROMs?

    13. Re:Why o Why? by NigelJohnstone · · Score: 3, Interesting

      "Why are copyright owners tracking down such things which wouldn't get pennies nowadays (they were selling off the old cassettes for 10p long ago)."

      Its about reducing choice, all this free stuff on the internet make it harder to sell new games. If people spend their time playing this old stuff, they won't want to fork over $50=$70 buying the latest and greatest.

      So organisations like this go around trying to wipe out these sites. of course its not about copyright violation, no ZX pectrum game designer is paying these people to do this. No, its about control of market, the newer game companies are paying this company.

    14. Re:Why o Why? by Anonymous Coward · · Score: 0


      They might not be up to much graphically, but in terms of gameplay and enjoyment, many early games (not just Spectrum ones) knock spots off modern games.

      Too many modern development houses think that flashy graphics and renderend cut scenes are more important than gameplay and longevity.

      Quite often, it's the limitation in graphical power that forces the designers to work harder on the actual game.

      I'm hoping that this is a lesson that the designers of games for mobile devices will take in.

    15. Re:Why o Why? by Anonymous Coward · · Score: 0

      Damn i never knew Sabre Wulf was made by (now) Rare! How rare! Heh. Weebl and Bob. Err anyway. Sabre Wulf was one damn kick ass game. I had dreams about Sabre Wulf :-) A fine game. I'd like to see a hack&slash game like that nowadays. Not run-around-in-3D-flipping-switches... Something where you had little bigass hippos chasing you that you couldn't kill, and savages! And huts. And a big voodoo guy in front of the hut :-) Surrealism is what is missing from so many of today's games.

    16. Re:Why o Why? by TheRaven64 · · Score: 1

      $50=$70

      Okay, I'll give you $50 for $70...
      --
      I am TheRaven on Soylent News
    17. Re:Why o Why? by Hrothgar+The+Great · · Score: 1

      In that case, you should call Square and tell them to stop making games that take 200 hours to complete.

  6. Soldier Of Fortune by VON-MAN · · Score: 5, Interesting

    They might even be under the impression that the SOF download is one of the new Activision/Raven games. And then simply threw in a couple of more titles to give the letter some weight. This is typical heavy handed legal hardballing that the BSA is also famous for.

    1. Re:Soldier Of Fortune by unikron · · Score: 5, Insightful

      Notice the titles that they claim to be braking the law...
      007 (007 Nightfire is released)
      Barbarian (That new barbarian game is released)
      Donkey Kong ( Donkey Kong's nintendo latest games)
      Frogger ( Wasn't there a gba version?)
      Mario ( New mario games for gba and gc are released)
      Pac Man (Pac man world 2 is released)
      Soldier of fortune (that 3d game that is released)

      It seems to me that IDSA thinks that spectrum is a game console or a very high standard pc codename(if so, 48k should be enough for anyone).

      What's next? They are going to stop anyone who makes pong distributable to other platforms?

    2. Re:Soldier Of Fortune by Anonymous Coward · · Score: 0

      ...and...
      http://www.solvalou.com/speccy_dupes.ph p

    3. Re:Soldier Of Fortune by thed0gman · · Score: 1

      If anyone could get the new SOF into a 48K download, I'd be well impressed :)

    4. Re:Soldier Of Fortune by scorilo · · Score: 1

      The Speccy was my first computer, back in hi-skule. I used to live in an Eastern European country where no software was available other than pirated. I amassed a large collection stored on my big roll-tapes and I even resold some at a nice profit. This is may be ethically wrong, but back then and there it was probably not illegal. I loved those games and enjoyed them even though I would've probably never been able to purchase them legally. Most games came already cracked, and let me tell you, even though the hardware specs seem rather poor, those 48K went a long way! A couple of years ago I installed an emulator and some of my favourite games (chuckie egg & nether earth) for my little bro. He played a bit, but soon thereafter he reverted back to the games he can play over the internet with his buddies (mostly nox, etc). I think these games have very limited appeal today, and they are played only by die-hard fans who owned the real thang. IDSA doesn't even know what they're after, and if they took the time to try these games b4 actually calling the lawyers, they'd save everybody the aggravation.

      --
      "One of the symptoms of an approaching nervous breakdown is the belief that ones work is terribly important." -BRussell
    5. Re:Soldier Of Fortune by unikron · · Score: 1

      Nowadays ppl don't appreciate the grandpas of modern time gaming.

      I used to have three spectrums back in the mid 80's to mid 90's for gaming and fun mostly. I don't enjoy much of 3d nowadays (even though I own a ps2) because my major fun factor was back to cheesy 2d graphics but with a lot of heartful memories. Also the games were smarter then, they had puzzles...

      Emulators are the next best thing... and to think that recently I had one (pre format) and some of my old programming code used to work on them too! Yaaaay!

  7. Mirror removed by Anonymous Coward · · Score: 1, Interesting

    My apologies. I have removed the mirror after noticing that there was a copyright notice on the original page, prohibiting any reproduction of the emails.

    I wonder if Google will cache the page?

    -MFS

  8. Legal archive? by MisterFancypants · · Score: 5, Interesting
    A lot of the ROMs on that site *ARE* illegal. Yes, the Soldier of Fortune listing is wrong (the one they have is legal as they got permission..it has nothing to do with Raven's FPS), but for example they do NOT have permission to have the various Nintendo games, nor games where other publishers currently own the rights, such as Frogger.

    If you read WoS's FAQ it even pretty much admits that their archive isn't fully legal...And if you read the correspondence, it only really deals with SoF, it ignores the other infringing games such as Frogger, Donkey Kong, etc.

    1. Re:Legal archive? by grahamlee · · Score: 3, Funny
      A lot of the ROMs on that site *ARE* illegal.

      ROMs, sir? ROMS?? I'll have you know that the Speccy was a fully tape-based computer, except for the Amstrad ones cos some of them had disk drives (though they were crappy disk drives, three-inch thingies). The only ROMs I've ever seen in a Spectrum are the ones that hold the Operating System, and those are freely distributable according to Amstrad.

      You may be thinking of the very very VERY small number of cartridge games (i.e. 2) that were available for extensions like the multiface, etc. Or you may be confusing a proper computer like wot the spectrum woz for a two-bit eight-bit console like the NES.

    2. Re:Legal archive? by Jack+Hughes · · Score: 4, Informative
      What Nintendo games? I can only see spectrum games on the website, which were almost always tape based.

      Show me a link to a Nintendo game on the site - otherwise I am pretty sceptical. I suspect that you may be as guilty of rushing in without checking the facts first as the the Lawyer from the main story - which is surely the moral here.

      P.S. Donkey Kong may have originally appeared in the arcades on a Nintendo machine, put in the case of the spectrum, the Donky Kong game was published by Ocean and even then written by someone else - so just because it is called "Donky Kong" doesn't mean that it has anything to do, in copyright terms, with Nintendo (although the name Donky Kong may have been licensed from Nintendo at some point).

    3. Re:Legal archive? by thed0gman · · Score: 1

      ummm.. I think the WoS FAQ indicates that every effort is being made to establish the status of each software publisher. You can't say fairer than that, really. Where the publisher denies distribution, then the images (since the ZX Spectrum never really had ROMs) are removed post haste. Reputable Spectrum archives do not host any Ultimate Play The Game titles for download, since distribution of them is specifically denied by Rare, the current owners of Ultimate. There's been an interesting thread on this subject on comp.sys.sinclair (css) recently. One of the points raised was that there never was a licensed Frogger conversion for the Spectrum, so whose approval should WoS be seeking?

    4. Re:Legal archive? by grahamlee · · Score: 2, Interesting

      Your P.S. was correct. The Donkey Kong name, the characters Mario, Donkey Kong and Daisy etc. were all licensed from/ripped from Nintendo. In either case, Nintendo have the right to claim distribution denied if they so wish.

      A similar thing occurred on the Dragon32 (now there was a nice computer) when Microdeal created a rip-off version of Donkey Kong which, imaginatively, they entitled Donkey King. Nintendo got in a huff, and made them change the name of their program to The King. Which they did. Shortly they released a rather good game called Junior's Revenge, in which Kong's son Junior kidnapped Mario and Luigi had to go through about five screens of dodgy platform-style japes in order to rescue him.

      FWIW there are licensed games on the site which are still actively protected: e.g. Sega's Frogger.

    5. Re:Legal archive? by Anonymous Coward · · Score: 0

      The Spectrum did have some games based on ROM cartridges. The cartridge socket was on the Joystick interface add on. They didn't really take off though because there were so many other joystick interfaces available that were superior to the "official" interface.

    6. Re:Legal archive? by Anonymous Coward · · Score: 0

      I think the disck wasn't a disk though, was it? I thought it was some kind of fast tape thingy inside?

    7. Re:Legal archive? by erinacht · · Score: 2, Informative

      What about the Interface2 roms, the were instantly loaded (Horace, loaded when you turn on! hello baby!) - though they were a flop they did exist...

      but regardless, I Think you're right he has mistaken 5 minutes of kraftwerk music to a rom because nowadays it comes in a little .sna file.

      [http://www.worldofspectrum.org/int2roms/]
      Ther e were ten such cartridges released by Sinclair:
      Jetpac.
      Pssst.
      Cookie.
      Tranz Am.
      Chess.
      Backgammon.
      Hungry Horace.
      Horace and the spiders.
      Planetoids.
      Space Raiders.

      They were intended to compete with the games consoles of the day, but were not very successful.

    8. Re:Legal archive? by Cheesemaker · · Score: 1

      it only really deals with SoF, it ignores the other infringing games such as Frogger, Donkey Kong, etc.

      The IDSA letter only says the site has ONE OR MORE (but not limited to) infringing items. That list was probably a generic list of games the IDSA have permission to look for.

    9. Re:Legal archive? by silverhalide · · Score: 1

      Interesting factoid: The name Donkey Kong is actually a translation mishap when they brought the game in from Japan. It was originally meant to be something along the line of Monkey Kong.

    10. Re:Legal archive? by g0mem · · Score: 1

      The four versions of Frogger (unlicensed) that are in the WOS archive, where all produced by companies that have either folded, or have given their permission. But I think that WOS may be on thin-ice with Pac-Man, Ms-Pacman and Donkey Kong Donkey Kong produced by Ocean now Infogrammes, an IDSA member. Pac-Man produced by Atarisoft now Infogrammes, and licensed from Namco, both IDSA members. Ms. Pac-Man same as above

    11. Re:Legal archive? by Marc2k · · Score: 1

      Sega's Frogger? Isn't that owned by Atari?

      --
      --- What
    12. Re:Legal archive? by grahamlee · · Score: 1

      Official Frogger by Sega is, AFAIK, owned by Sega. News just in: joint owned by EA/Microsoft ;-)

    13. Re:Legal archive? by Anonymous Coward · · Score: 0

      Actually it was Stubbron Ape.

    14. Re:Legal archive? by PurpleBob · · Score: 1

      That's quite an amusing factoid. Amusing how often it's repeated by people who haven't stopped to think that it makes no sense, that is.

      "Kong" means "Ape", like in "King Kong". They chose "Donkey" because it was listed in a bad translation dictionary as an adjective meaning "stupid".

      --
      Win dain a lotica, en vai tu ri silota
    15. Re:Legal archive? by Pass_Thru · · Score: 1

      did you ever own one? I guess not because there were several plug in joystick adapters that allowed cartridge games to be used, lunar jetman & cookie were two games I remeber that were available on cartridge format.

      I think it is a great shame that sites distributing old games like this are under threat. I own (and buy games for) a PS2, but still like the occasional blast on JetSet Willy, Manic Miner or Atic Atac

      --
      Merlin --- We're an autonomous collective... Help, Help, I'm being oppressed!!
    16. Re:Legal archive? by grahamlee · · Score: 1

      I own a speccy, a QL and a Z88 (those are the Sinclair machines, I own more computers in total). I did indeed know that there were cartridges available for the interfaces, and had you read my post before replying to it you would have known this. Here, just for you I'll give you another try.

      You may be thinking of the very very VERY small number of cartridge games (i.e. 2) that were available for extensions like the multiface, etc.

      Now even if irony's a difficult concept for you to grasp, the fact that I mentioned the cartridge games ought to be a giveaway that I knew the cartridge games existed. You mentioned two games, I mentioned two games, I believe we are in brilliant agreement. However, I believe (having used the site for a number of years) that most of the WoS stuff is either RAM snapshots or audio tape image files. Not ROMs :-) Anyway, let's move on from that.

      My sister's just got a PS2; it's reasonably nice but I think I'll stick with Chuckie Egg on the Dragon 32 for now. Oh and The Ring of Darkness, the game that was then what ADOM and nethack would like to be now.

  9. Devil's advocate by mccalli · · Score: 4, Insightful
    Well, the list of example titles I saw in that correspondence included Mario. I don't even need to begin to do a search to tell that that one's still copyrighted, and certainly has never been given permission to be downloaded freely to anything anywhere.

    I'm a big user of emulation - some MAME, a fair amount of C64 and also Amiga stuff. However, I do feel that if the original copyright owners complain, then the fair thing to do is to take the downloads down. In this case, IDSA is being too vague and needs to give a specific list of titles. Once given though, I feel it is only correct to comply.

    Cheers,
    Ian

    1. Re:Devil's advocate by kahei · · Score: 3, Funny

      >I'm a big user of emulation - some MAME, a fair amount of C64 and also Amiga stuff

      dude do u konw where I can get kof2001 romz or just email them 2 me thx otherwise u sux lol!!!

      --
      Whence? Hence. Whither? Thither.
    2. Re:Devil's advocate by mccalli · · Score: 1
      dude do u konw where I can get kof2001 romz or just email them 2 me thx otherwise u sux lol!!!

      Ah. I see you're a big user too... :-)

      Cheers,
      Ian

    3. Re:Devil's advocate by meringuoid · · Score: 4, Informative

      Nintendo were very careless about licensing in the early eighties. Donkey Kong and Mario Bros appeared on several home computers before Nintendo realised they could make more money if they only appeared on the NES. It may well be that the companies that published the old Nintendo arcade games on computers in the eighties actually do have the right to make them freely downloadable.

      That said, just saying 'Mario' is about as vague as it gets. How many Mario games are there now?

      --
      Real Daleks don't climb stairs - they level the building.
    4. Re:Devil's advocate by markh1967 · · Score: 1

      I think it must be the first Mario game that they're talking about; the one with the turtles that had to be kicked off platforms. This game appeared on just about every home computer format - I have at least three different versions of it (Spectrum, Atari 8bit, and Commodore 64).

      --
      Input error. Replace user and press any key to continue.
    5. Re:Devil's advocate by thed0gman · · Score: 1

      Of the two Mario games listed on WoS, one is the licensed Ocean conversion of the original coin-op, and got a dismal 45% rating in Crash.

      The other is a demo which, IANAL, but surely should be freely distributable?

    6. Re:Devil's advocate by Anonymous Coward · · Score: 0

      That's what we like about you Ian: You're so damned cheery! What's your secret, Flanders?

    7. Re:Devil's advocate by identity0 · · Score: 1

      It doesn't matter that Nintendo licensed the games to these publishers, if you don't know what the licence says. Both the GPL and MS's EULAs are 'licenses', but they are totally different. You cannot assume that something is legal to download because someone once licensed it for a particular platform. It is likely that Nintendo's agreement covered only distribution by cartridge or cassette, and gave Nintendo the right to back out at any time. Given how controlling Nintendo is about their franchises today, it would not be very suprising.

  10. Sloppy work by MrMickS · · Score: 4, Insightful
    Given that the authorizations for publication are fairly easy to find on WoS doesn't it behoove the IDSA to check before sending the cease and desist? It would also save them time in the long run to give a list of specific infringements.

    This would of course take time and effort and a general scare letter may work in the majority of cases.

    --
    You may think me a tired, old, cynic. I'd have to disagree about the tired bit.
  11. They seem to specialize in this by arvindn · · Score: 5, Interesting
    Read here how they have been bullying the-underdogs.org.

    The IDSA wants all emulators to be banned. More on this here.

    More bullying by IDSA and Cox.

    I'm guessing the IDSA is a games-only version of the BSA.

    1. Re:They seem to specialize in this by junklight · · Score: 5, Insightful

      "Posting pirated software on the Internet so that it can be run on an emulator is commonplace nowadays -- and also costly. The Interactive Digital Software Association (IDSA) alleges that the $6.3 billion interactive entertainment industry loses $3.2 billion a year to software piracy, including this kind of Internet software piracy. Moreover, the IDSA alleges that this kind of piracy would not exist were it not for emulators."

      ALthough they don't actually say it the implication is that emulators are costing the industry a lot of money. In whose world? its not like any of this stuff is making anyone any money. I can understand copyright owener wanting to protect franchises etc. but even then they surely would be hard pushed to show how they where losing money from it.

    2. Re:They seem to specialize in this by solidox · · Score: 1

      companies selling products like VMWare and virtual pc wouldn't be too happy about emulators being banned. i suppose you could argue that java or .NET is an emulator of sorts, but i wouldn't mind seeing them banned ;)

      --
    3. Re:They seem to specialize in this by John+Sullivan · · Score: 1

      Not just them - an awful lot of hardware these days is developed using emulators. Ban them all and suddenly mobile phones, VCRs, Pentium processors, even games consoles themselves, become a lot harder to develop.

      'course, they probably mean that no-one should have access to software emulation except *them*.

      --
      This is my World Wide Web of Whatever
    4. Re:They seem to specialize in this by Anonymous Coward · · Score: 2, Insightful

      But isn't this similar to why the RIAA *really* wants to lock up cheap distribution, etc.?

      Anyone playing a game on an emulator is not playing a new game.

      In other words, even if you are only playing crappy old Spectrum titles that are officially redistributable for emulation, it still cuts into their market because the time you spend playing around with emulation is not spend playing one of their new games. As a result, less new games are sold.

      In other words, it is their oligopoly they are protecting rather than someones copyright.

    5. Re:They seem to specialize in this by Jaysyn · · Score: 1

      Don't forget PDAs

      Jaysyn

      --
      There is a war going on for your mind.
    6. Re:They seem to specialize in this by Anonymous Coward · · Score: 0
      I'll need an address before I can send over the guys with sledgehammers to administer some well deserved kneecappings.

      Sounds like a very sensible thing to do. Indeed, in today's world assault carries a lesser penalty than copyright infringment. So, if you're under investigation by the IDSA, it makes you sense to track down the person who handles your file, and administer him the treatment he deserves... You'll reduce your jail time!

    7. Re:They seem to specialize in this by Anonymous Coward · · Score: 0

      Nintendo is releasing old NES games wfor the Gameboy Advance, E-Reader, and in Gamecube games, like Animal Crossing. A couple of years ago, Nintendo was still selling the N64 while most computers with a 3DFX card could run emulated versions of Mario 64 and Zelda. Thus, I see how the IDSA could claim lost sales from certain emulation.

      On the other hand,the Spectrum is almost 20 years old! Claiming lost sales due to Spectrum emulation is just silly. Some of the few companies still around that made those games give them away fr free on their website!

    8. Re:They seem to specialize in this by jelton · · Score: 1

      The link provided to chillingeffects.org doesn't seem to be bullying. Unless I am missing something (quite possible), the IDSA in this case was asking for games that are copyrighted to be removed. I am very much in favor of making a strong stand against those who would destroy free speech for the sake of making a buck. But when, as a community, we react by labeling fair requests from copyright holders to remove copyrighted material as bullying, it makes it difficult to rationally argue our case. Just my two cents. I traded my .sig for a cig...

      --
      I am not a lawyer. This post does not constitute any form of legal advice.
  12. Who wants to protect copyright? by Anonymous Coward · · Score: 5, Interesting

    Or, as is more likely, they'll be re-selling the rights to such classic games for inclusion on mobile phones...

    Since most spectrum games were way better than anything seen thus far on a mobile phone...

    1. Re:Who wants to protect copyright? by pak21 · · Score: 2, Informative

      Already been thought of :-) See the Spectrum emulator for the Nokio 9210.

    2. Re:Who wants to protect copyright? by Anonymous Coward · · Score: 0

      It exists! Amstrad, who bought Spectrum in the late 80s, now sell a weird web-browser/telephone thing which has a whole shitload of Spectrum games on it. Of course i would've been a lot happier to see the good ol' CPC games, but you know, the Spectrum was an inferior system after all so it's probably easier to emulate ;-)

      But back to the point. Virtually all of the Amstrad (Spectrum and CPC) games are legally available nowadays - and that's from the horse's mouth. I seem to remember a few developers who have been quite vocal about saying "hey guys, do what you want". Oliver Twins (of Dizzy fame) being one. Unfortunately i think Amstrad's 8-bit systems are the only ones that have this kind of permission. It's great for Amstrad nuts like me, but sucks for the C64 or NES or MSX fans of the world.

  13. IDSA: The RIAA of Video Games? by Anonymous Coward · · Score: 4, Insightful

    I'm not familiar with their former actions, but this doesn't seem to be a good sign. Looking at their members, any questionable conduct could have very widespread effects. Don't wait until it's too late, let them know what you think now!

    1. Re:IDSA: The RIAA of Video Games? by IIRCAFAIKIANAL · · Score: 2, Informative

      The fact that they leave a site like Cherry Roms alone after the first letter is complied with says to me that, unlike the RIAA, these guys are either incompetent or smart enough to not bother sites with unprotected copyrighted material.

      Ask anyone in the Emulation community - the IDSA has been doing this for years but they certainly aren't heavy-handed - they demand you remove things that they have copyrights to and nothing more (unlike the RIAA, which doesn't discriminate).

      Clearly, they investigate many sites and just have a list of copyrights they hold. Now, it may be that the IDSA is right and the redistribution rights of, say, the Frogger license, mean that the licensee (ie/ the game producer/publisher/author) do NOT have the right to redistribute the game for free. This has not been explained by either the original letter or the response.

      Of course, Occam says that the IDSA just has a bunch of interns searching Google and Top50 sites. :)

      I am only speaking from experience and I am always willing to hear different opinions and experiences people have had with the IDSA...

      --
      Robots are everywhere, and they eat old people's medicine for fuel.
  14. Laws should take abandonware into account by Max+Romantschuk · · Score: 4, Insightful

    One huge problem with old software is that no one supports or sells it anymore, but many users still want to use it. Redistribution is still illegal, since it's copyrighted.

    I think a law should be made to make it possible to declare something abandonware and enable non-profit redistribution, if the original firm holding the copyrights aren't selling/supporting it anymore.

    There is probably lot's of problems with this approach, but I suspect there are more problems with going after people wanting to relive their memories, or wanting to let other people do so...

    --
    .: Max Romantschuk :: http://max.romantschuk.fi/
    1. Re: Laws should take abandonware into account by Anonymous Coward · · Score: 0

      Better yet, make it open source.

      Companies can obviously already do this, what is needed is some kind of incentive. It's a shame to see software end up this way. Perhaps some sort of government or open source community lead financial incentive would be in order to encourage companies to release the source if they're going bankcrupt.

    2. Re: Laws should take abandonware into account by Max+Romantschuk · · Score: 1

      Better yet, make it open source.

      I don't think we should force open source on anyone. The problem then becomes what to do with game engines and other proprietary technology used in an old piece of software.

      Releasing a non-supported game as binaries is one thing, releasing a whole suite of proprietary technology to the public domain is a lot more.

      --
      .: Max Romantschuk :: http://max.romantschuk.fi/
    3. Re:Laws should take abandonware into account by Pogue+Mahone · · Score: 3, Insightful
      A couple of legal tips:

      In Germany, it's not an infringement of copyright to make, or have made for you copies of works that have been out of print for 2 years or more. (If I understand the law correctly -IANAG :-)

      In the UK, software copyrights only last for 25 years, so for the spectrum you don't have much longer to wait.

      Disclaimer: IANAL. This legal advice is worth what you paid me for it.

      --
      Every bloody emperor has his hand up history's skirt [Peter Hammill/VdGG]
    4. Re:Laws should take abandonware into account by Anonymous Coward · · Score: 0

      Actually as I remember in UK copyright law at least if a copyright item is no longer available to be bought from any licensed vendor for a period of time, and there is demand for it, then the copyright owner loses their rights to stop redistribution.

      This was added into copyright law early on, to stop copyright owners censoring the work they have the rights to, for example.

    5. Re:Laws should take abandonware into account by 91degrees · · Score: 1

      In the UK, software copyrights only last for 25 years, so for the spectrum you don't have much longer to wait.

      That doesn't sound right. While such a law would make sense, as far as I know, the Berne convention specifies a minimum of 50 years, and doesn't distinguish between classes of work.

    6. Re:Laws should take abandonware into account by bluelan · · Score: 2, Interesting
      This is a general problem for all copyrighted material. Software "spoils" faster than most other copyrighted stuff, since the hardware it runs on becomes obsolete so quickly. So, we're seeing the problems with preserving 20 year old software. However, the same problem applies to old radio programs, old movies, old books...

      We need general copyright law reform. Copyrights should require explicit renewal once the material enters the commercial market and after a suitable initial period of protection.

      Something on the order of - lifetime of the author until a copy of the copyrighted material is made available to the public. From that point, the material is protected for 20 years without renewal. At the 20 year mark, and every 20 years thereafter, the copyright must be explicitly renewed by the copyright holder to remain in force.

      That'd protect authors with unpublished work. But, once the work gets published, it would make it far more likely that the work would pass into the public domain before being lost.

      Too bad the Berne Convention essential makes copyright reform in this direction impossible.

      --

      I used to be a narrator for bad mimes. (wright)

    7. Re:Laws should take abandonware into account by Anonymous Coward · · Score: 0

      "Actually as I remember in UK copyright law at least if a copyright item is no longer available to be bought from any licensed vendor for a period of time, and there is demand for it, then the copyright owner loses their rights to stop redistribution.

      This was added into copyright law early on, to stop copyright owners censoring the work they have the rights to, for example."

      Note: This claim in bullshit. Care to provide a link?

    8. Re:Laws should take abandonware into account by Handyman · · Score: 2, Interesting

      In The Netherlands it is kind-of legal (I don't know exactly how legal, IANAL) for you to live in a house that's been abandoned by the owner. Abandoned in this case means that the owner keeps the house unused for his own reasons (e.g., waiting for a better housing market to make a profit). AFAIK, it's not actually legal but they can't deny you stuff like electricity and water and they can't kick you out unless the owner is actually going to do something with the house. A strange consequence of this is that owners now rent their houses to other people even if they don't really want to, just to prevent other people from moving in there - so, the final effect of this being legit is not that it's legal to live in other people's houses for free, but that it's become impossible to keep unused houses off the market if there's a housing shortage, which is a good thing. I think there should be something like this in the law for IP, e.g., that you can't keep intellectual property that you own off the market if you're not going to do something with it yourself, and that you might be forced to allow licensing if you don't have plans to develop a product with the knowledge. The "abandonware clause" is a solution very much like in the abandoned-houses example. This would work well to prevent the just-because-we-can type of keeping-stuff-off-the-market behavior we see from companies that are too lazy to look if they're actually doing something with things they own.

    9. Re:Laws should take abandonware into account by kfg · · Score: 1

      This idea was precisely the point of traditional American copyright law which required a renewal to avail yourself of the full possible copyright term.

      Copyright, on the one hand, was intended to give the holder exclusive rights on a work for a limited period (usually used to make a profit by selling copies, but not necessarily limited to this), but on the *other* hand was explicitly formulated to move works into the public domain as quickly as possible.

      If an author took the trouble to renew ( the filling of a simple one page form that any literate 6 year old could fill out) and the payment of a processing fee ( About $10 in adjusted for inflation money) then the term of his copyright was extended. He was obviously still interested in asserting his right and presumably was still making money from it.

      If he did *not* file the form he was assumed to have no further interest in the work, it was assumed that it had no more commercial value, and it was moved into the public domain where it might well have immearsurable *social* value.

      It is a key concept to understand that traditional American copyright law didn't just protect the author but served the interest of the *public* as well by having as a core philosophy moving all works abandoned by their authors into the public domain * as quickly as possible.*

      KFG

  15. From address by Anonymous Coward · · Score: 1, Funny

    Anyone else notice the from address? "dmca@idsa.com.no.junk.mail"

    1. Re:From address by Anonymous Coward · · Score: 5, Funny

      Yes. It's almost as if they expect that putting dmca@idsa.com on a popular website will lead to a lot of spam.

      God, I'm childish.

    2. Re:From address by wpanderson · · Score: 1

      WoS does this as a matter of course to all email addresses published in the clear.

      --
      neuro at well dot com (when I post, it's my opinions, no-one elses)
    3. Re:From address by dazed-n-confused · · Score: 1

      Yeah. The funny bit is that WoS appear (from the correspondence log on their site) to have replied to the munged .no.junk.mail address. Who knows whether IDSA received anything? :-)

      This case really reminds me of the Harrison trawl, where RIAA lawyers asserted that George Harrison owned copyright to images named "Portrait of Mrs. Harrison Williams 1943" and (perhaps more seriously) "Nude Preteens and Young Teens Naked ... Brian is 14 and Harrison is 8".

      Maybe he does. In the latter case, shouldn't somebody tell the police? We could do with another paedophile frenzy here in the UK... :-)

  16. Back in 80's... by hdparm · · Score: 1, Funny

    ...Boulder Dash and Manic Miner were amongst the first games that made me sit and play all night. There will be some downloading tonight, I tell ya.

    1. Re:Back in 80's... by Inda · · Score: 1

      Fantastic idea. BoulderDash 1, 2, 3 and 4 I think. Maybe School Daze and Renegade too...

      ...or I could just climb into the loft and bring down the originals...

      ...then visit eBay!

      Fantasic idea.

      --
      This post contains benzene, nitrosamines, formaldehyde and hydrogen cyanide.
    2. Re:Back in 80's... by Graspee_Leemoor · · Score: 1

      Ugh- the scrolling on Boulder Dash for the Spectrum made me violently ill. Rockford would not stay in the middle of the screen, so if you ran really fast you could actually run off the edge and had to wait for the scrolling to catch up. I always preferred the Amstrad CPC version (I didn't have a C64 at the time).

      graspee

    3. Re:Back in 80's... by hdparm · · Score: 1
      It was a pain in the ass. Since I eventually got good in playing BD, screen did have to keep catching up. When I finally got my C64 playing BD became real pleasure.

      At the time, there was a radio show, once a week, where they used to play tapes on air (1 or 2 most popular games per show) so we used to record them of the air. The most kick I got from making money on BD, though. It wasn't much but it was cool. Guy I knew was good with the machine code. We made 2 new versions of BD for C64 and they were selling really well - I think we sold more than 200 copies of each one, which was awesome for then tiny market. He's done all coding and I was room designer and beta-tester. We missed 'few' days in school :o) but in the end made it to that Sunday morning radio show!

      Oh yes, mods seem to be on crack again - why was my original comment moded funny? I was dead serious.

  17. Mobile Phones? by DragonC · · Score: 4, Interesting

    I think this is caused by the new versions of Mobile Phones.

    In days of Olde, these games were so popular because of the actual gameplay. Yes they had limiting graphics, but what they had worked so well. Now in this day of new mobile phones (Ericcsson P800 springs to mind) people are looking back at these games and thinking "that could easily be ported".

    I grew up and learned to program in the Spectrum era. In fact if you hunt closely you may find one of my games. (^_^) Mobile Phones are now reaching the kind of status as a portable entertainment device. And games obviously figure quite highly on the list of money making revenue that the providers like. Forget Tetris. Multi-player Barbarian anyone?

    1. Re:Mobile Phones? by millarm · · Score: 2, Informative

      Does anyone actually think of the complexities of _porting_ a game from a ZX spectrum to a mobile phone? First you'd need to update the graphics - consumers just wouldn't be satisfied with the graphics from ZX Spectrum era. You'd then need to update the interaction as many of these phones don't have the same keyboard layouts as a ZX Spectrum. %-) Finally you'd need to update the code from the assembler it's likely to be in into something maintainable - I think you'd end up going for C/C++ for these modern devices. All in all what I think you'd end up doing is re-implementing a "clone" of the game.

    2. Re:Mobile Phones? by Anonymous Coward · · Score: 0

      You miss the point, noone's going to "port" it in the sense of recompiling and done. You're right, the vast, vast majority of 8-bit games were hardcoded assembly that relied precisely on the speed of the CPU and the location of the graphics memory and the refresh rate of a TV and so on. The ridiculous thing is that today's phones are more powerful than the 8-bits. So powerful, in fact, it's hardly a drama to write a complete emulator and just slot the games in a la PDAs. I'm fairly sure that's exactly the way most companies are doing it. Why bother even re-implementing/cloning the original now when in six months a J2ME emulator is going to run inside the phone just as fast?

      I often wonder why some 8-bit coders think it's so much fun to program phones because of their limitations. C'mon you can play Doom on phones for crying out loud! Unless you're doing the low-level OS code it's really not much different from programming Win3.1 or J2SE.

  18. Example: Elite by mccalli · · Score: 3, Interesting
    Or, as is more likely, they'll be re-selling the rights to such classic games for inclusion on mobile phones...

    Ever play Elite?

    Right now, on alt.fan.elite, there are threads going on where one of the joint copyright holders has 'asked for' (required) all Elite-a-likes to be removed from download. The reason was that he'd just realised a commercial Elite-a-like for handhelds, and when searching for reviews of it he found only illegal ports of Elite to the handhelds.

    So yes, it may well be that they're trying to preserve copyrights so that these older games can be ported to mobile phones, PDAs...whatever. They do own the copyright, and they are within their rights to do that.

    Cheers,
    Ian

    1. Re:Example: Elite by meringuoid · · Score: 3, Informative
      Right now, on alt.fan.elite, there are threads going on where one of the joint copyright holders has 'asked for' (required) all Elite-a-likes to be removed from download. The reason was that he'd just realised a commercial Elite-a-like for handhelds, and when searching for reviews of it he found only illegal ports of Elite to the handhelds.

      Curiously enough, the other joint copyright holder has just about every version of Elite ever released available for free download on his website. It seems the two no longer get along terribly well...

      --
      Real Daleks don't climb stairs - they level the building.
    2. Re:Example: Elite by mccalli · · Score: 4, Interesting
      It seems the two no longer get along terribly well...

      A mild understatement. I've been a fan of Elite since it first appeared on the BBC micro, and the pettiness between Ian Bell and David Braben is extraordinary. It occasionally spills over into alt.fan.elite, such as at the moment. The author of the re-engineered version is also working with Ian Bell to produce an Elite-inspired game which would be free of all Elite-based copyrights. Bell seem to refuse to even speak to Braben, let alone co-operate with him.

      Without knowing people it's impossible for me to take sides without just guessing. The majority of the fans seem to have sided with Ian Bell, but Braben appears to have been behaving quite reasonably in his newsgroups posts so I'm withholding judgement.

      Cheers,
      Ian

    3. Re:Example: Elite by Anonymous Coward · · Score: 0

      David Braben is a total dickhead. Nuff said.

    4. Re:Example: Elite by Anonymous Coward · · Score: 0

      P.S. Ian Bell is God!

  19. A Two-Headed Monster? by jade42 · · Score: 2, Insightful

    Perhaps this is an instance of one part of a company not knowing what the other is doing. Corporate laywers tend to jump onto what they see as 'problems' like a pack of wolves.

    --

    Brought to you by the Artificial Idea Factory.
  20. From another perspective by jkgamer · · Score: 5, Informative

    Something that you might want to consider is that, while the publisher or author has given permission to distribute these works, it is possible that the publisher/author themselves were in violation of copyright laws. During the late 70's and early 80's there were a lot of independent developers that programmed 'clones' of popular arcade games for home computer/hobbyist systems. These games were distributed without permission or license from the copyright holders of the original arcade games. Many old timers will probably recall the infamous "This game is over" ads from Atari concerning clones of its licensed games. Most notable of these were the PacMan clones. It was during this time in the industry that Atari asserted that just because a game did not use actual code nor actual artwork from the original, it was not immune from copyright infringement litigation if it could be reasonably concluded that it diluted the copyrighted work's value. From the list of titles given, it appears that each of them are well known copyrighted and trademarked entities. As such, it is the duty of the copyright holders to enforce any alleged misuse of those copyrights/trademarks. It is doubtful that the Spectrum version of PacMan, Donkey Kong, or even 007 were distributed through a valid license agreement with the original copyright/trademark holders. Perhaps with some clarification from the IDSA, WorldOfSpectrum could contact the copyright/trademark owners of the alleged infringing properties and obtain permission from them. Please don't misunderstand my take on this. I am not attempting to side with IDSA, I just happened to glance at this issue from a different perspective.

    1. Re:From another perspective by NigelJohnstone · · Score: 1

      "During the late 70's and early 80's there were a lot of independent developers that programmed 'clones' of popular arcade games for home computer/hobbyist systems"

      There is a limit on how long after the fact you can sue someone. I believe its 6 years after the violation for the UK.

      These games date from twenty years ago, so its a little late in the day.

      Plus its not dilution of copyright, at best its a trademark infringement. The code from these games is not the same code, you might argue that a monkey throwing barrels is the same as Donkey Kong throwing barrels but the time to argue that was twenty years ago when it was fresh in everyone's minds.

      Now nobody can remember if the original 'claimed' trademark holder is really the same as the real trademark holder. Its worth remembering that just because a large company claims it has rights to these products doesn't mean its true. The video game companies themselves were notorious for making clones of the competitors products.

  21. I don't know about them... by Montreal+Geek · · Score: 5, Insightful
    ... but if I had the patience to maintain an archive of abandonware(1) I would reply to the ISDA with a form letter going mostly like this:

    Dear non-copyright-holder.

    Thank you for the concern you express about somebody else's intellectual property. If you forward to me a hardcopy of the document signed by the copyright holder giving you the authority to request my not offering ___ for dowload, or if the original copyright holder makes such a request, I will promptly comply.

    Yours, blah-blah-blah.

    Given that the ISDA is a self-proclaimed authority that, in fact, very few copyright holders (and almost none outside the US) are members of, and given than the copyright holders of most of these programs have long gone the way of the dodo...

    -- MG

    (1) where my definition of "abandonware" is the most common one: software published by a company which is defunct, and which can no longer be purchased.

    1. Re:I don't know about them... by pak21 · · Score: 3, Informative

      Given that the ISDA is a self-proclaimed authority that, in fact, very few copyright holders (and almost none outside the US) are members of, and given than the copyright holders of most of these programs have long gone the way of the dodo...

      However, members of the IDSA do hold the rights to a significant number of Spectrum games (most notably the Ocean and Ultimate games), actions designed to annoy them probably aren't the wisest course of action. As has been pointed out elsewhere, we don't have permission to distribute most of the games on WoS, despite our best efforts (or more precisely, those of Martijn van der Heide, the owner of WoS, who had previously contacted every IDSA member telling them we had their games available and asking for permission to do this).

    2. Re:I don't know about them... by Montreal+Geek · · Score: 1
      However, members of the IDSA do hold the rights to a significant number of Spectrum games [...]

      Yes, but you miss my point. That form reply would insure that (a) the ISDA members own the games they want removed, and (b) they make the effort of tacking down and verifying that ownership and proving it rather than just emailing random threaths based on a regexp match of a web page.

      I don't know about the US, but up here showing willingness to comply once the proof of claim arrives (and, of course, actually complying when/if it does) is defense enough.

      Maybe in the US just waving an unsubstanciated claim of ownership around is enough, but not most everywhere else. :)

      -- MG

    3. Re:I don't know about them... by Doktor+Memory · · Score: 1

      You would then be promptly sued into oblivion.

      That is not how copyright works. Full stop. You don't get to "assume" that you are allowed to distribute a copyrighted work just because the author has not told you you can't. Precisely the opposite: it is illegal to do until the copyright holder tells you that you can.

      --

      News for Nerds. Stuff that Matters? Like hell.

    4. Re:I don't know about them... by Montreal+Geek · · Score: 1
      No, indeed.

      There is, however, this little basis of law that civilized countries usually follow: you can only sue someone in civil court if you are the injured party.

      No matter how much I dislike your distributing random protected work x, I (or the ISDA, or the RIAA, whatever) can not sue you over it unless I own x or have been authorized by x's owner to do so.

      -- MG

  22. IDSA Going Nuts by DarkZero · · Score: 4, Funny

    The IDSA seems to be on a roll when it comes to stupid cease and desist letters. Lik-Sang's ISP recently received a letter from the IDSA alleging that they had "a good faith belief" that Lik-Sang was violating the DMCA (and apparently the DMCA applies to Hong Kong now?) because their prices were too cheap and that meant that they must be pirating the discs and selling them just above cost.

    Lik-Sang, of course, went absolutely wild over it. They found it to be pretty hilarious and saw "So cheap, the IDSA finds it suspicious!" to be a brilliant selling point for their new "Price Crusher" promotion.

  23. There is no such thing... by BJH · · Score: 4, Insightful

    ...as "dilution of copyright". You either have copyright on a work, or you do not. It's like saying "reduction of pregnancy".

    That said, you were probably thinking of trademarks. If Atari had Pacman trademarked (which is likely), then a clone or near-clone of it would indeed dilute the trademark.

    The other possibility is that the graphics of the clones were so close to the original as to be seen as a copy, in which case they would have been in breach of copyright.

    1. Re:There is no such thing... by jkgamer · · Score: 1

      Yes, you are correct. I was thinking of trademarks. (Sorry, I'm not a lawyer, just an old man trying to remember things from long ago. -grin-) Anyway, just for the record I did a search and found what I believe to be the original text from the Atari ad.

      ATARI SOFTWARE
      PIRACY
      THIS GAME IS OVER
      Atari is a leader in the development of games such as Asteroids(TM) and MISSILE COMMAND(TM)... We appreciate the response we have received from videophiles of the world who have made our games so popular. Unfortunately, however, there are companies and individuals who have copied ATARI'S games in an attempt to reap undeserved profits from games they did not develop. ATARI must protect our investment so that we can continue to invest in the development of new and better games. Accordingly, ATARI gives warning to both the intentional pirates and to the individuals simply unaware of the copyright laws that ATARI registers the audiovisual works associated with its games with the Library of Congress and considers its games proprietary. ATARI will protect its rights by vigorously enforcing these copyrights and taking the appropriate action against unauthorized entities who reproduce or adapt substantial copies of ATARI games regardless of what computer or other apparatus is used in their performance...

      The text to note is the last sentence. A copy doesn't have to be a 'xerox' to be considered infringing. Atari successfully sued Magnavox over KC Munchkin, which did not look even close to PacMan, in my opinion, but was considered similar enough to be an infringement of Bally/Midway's copyright which Atari retained the home market distribution rights to. My point was that the titles mentioned by the IDSA could possibly be considered copyright infringements along the same lines as those mentioned by the ATARI ad.

    2. Re:There is no such thing... by BJH · · Score: 1

      Thanks for the thoughtful reply. Much appreciated.

    3. Re:There is no such thing... by moncyb · · Score: 1

      So anyone who makes a space game where the player shoots up asteroids / meteors will get sued by Atari?

    4. Re:There is no such thing... by Gleef · · Score: 1

      BJH wrote:

      If Atari had Pacman trademarked (which is likely)

      Pacman is a trademark of Namco, Ltd (the people who wrote the software) and Bally Midway Manufacturing Corporation (the people who made the original arcade machines).

      --

      ----
      Open mind, insert foot.
    5. Re:There is no such thing... by BJH · · Score: 1

      Gack. You're right, of course.

    6. Re:There is no such thing... by Anonymous Coward · · Score: 0

      Isn't that what happened with Astrosmash? Intellivision had a Asteroids-clone completed, and then at the last minute changed it to the "Asteroids-Space Invaders" hybrid which was supposed to be a sub-game of the cartridge.

      See Astrosmash history at the Blue Sky Rangers site.

    7. Re:There is no such thing... by Piquan · · Score: 1

      What's more, a clone of Pacman was made, called Jawbreaker, and a big (and significant) lawsuit ensued... google all about it.

  24. Heroes by Anonymous Coward · · Score: 5, Interesting

    I'm the sort of person that was pretty much raised on computer games. Although these game companies only consider games "consumer products", I consider computer games an integral part of our culture. Destroying computer games are not unlike burning books.

    There are several ways of destroying games and one of the most effective ways is to simply not preserve them while trying to stop others doing so. Spectrum games are stored on ordinary cassette tapes that unlike paper books does not stand the test time. The information deteriorates over time, and it's most unlikely that these cassettes will be usable in 10 years time and definately not in 50 years.

    With the IDSA, MPAA and organizations fighting emulation with stupid laws like the DMCA and threats like this, they are making both themselves AND future generations a big disservice. How many here honestly believe that Nintendo (who owns the copyright of the Mario character) actually have a copy of Mario for the Spectrum?

    I collect games. But I don't store 10000 old 8bit games so I can sit and play them all day. I also collect them to ensure that they aren't lost. Do take a look at the "Missing in Action list att WoS to see the names of games that didin't make it. I don't trust a single person or a handful of them to actually manage keeping this stuff alive for future generations. I would like as many as possible to store stacks of old games on CD:s in their homes.

    Software companies could aid this preservation in mainly two ways. They can either:

    1) Allow free distribution. There's no drawback in doing so for them. It's goodwill and it's allso an efficient way to keep your company name fresh in peoples mind. These games are not something they will make very much money off anyway, and granting free distribution does NOT mean that they would lose copyrights for the lucrative characters.

    2) Sell their old games. And I don't mean in newly "touched up versions". Just fill a CD with the original games and sell it in bulk. Currently, no company does so, although I applaude Sega and Konami for releasing at least some of their back catalogue commercially in _almost_ original shape.

    If for instance Codemasters* were to ship a CD with all of their 8/16-bit games (which would easily fit onto 1 cd), I would buy this CD. As it stands now, Codemasters probably doesn't even have all their games themselves so they can't even compile such a CD anyway.

    As the situation is today, I consider sites that distribute abandonware and old games freely to be custodians of our cultural heritage. Future digital archaeologists will thank "petty criminals" like Martijn Heide for the work they put into preserving these games. They are heroes! /Lars

    * I use Codemasters as an example since they have denied distribution of their old 8bit games.

    1. Re:Heroes by malf-uk · · Score: 3, Insightful

      Codemasters did release a CD with 30 of their games in 1990.

      However, it required you load a small program from tape first and then load the game from an audio CD player via a lead supplied with the CD to the joystick port of the later Amstrad manufactured "speccies"!

      This cunning method also loaded the games into the computer a lot faster than from tape iirc

      --
      R Tape loading error, 0:1
    2. Re:Heroes by Anonymous Coward · · Score: 0

      codemasters games were wank anyway

    3. Re:Heroes by FromWithin · · Score: 1

      Gremlin released a CD a good few years with all(?) of their Amiga games on it:

      Take a look.

      Of course, Gremlin themselves disappeared soon after.

      Some fantastic games on there.

    4. Re:Heroes by alangmead · · Score: 1

      Why didn't they just use the Audio Out of the CD player to the cassette in of the computer?

    5. Re:Heroes by wpanderson · · Score: 1

      They didn't use the audio out because they wanted a digital signal to be used for faster and more "accurate" loading, hence the connection via the joystick port.

      --
      neuro at well dot com (when I post, it's my opinions, no-one elses)
    6. Re:Heroes by malf-uk · · Score: 1

      Well apart from Amstrad's ZX Spectrum +2 not having a built-in cassette player and didn't bother providing it with the audio-in from the previous incarnations, their CD Player to Joystick cable added a basic level of copy protection.

      --
      R Tape loading error, 0:1
    7. Re:Heroes by cgenman · · Score: 1

      Agreed

      Publishers should sell archival CD's to collecters and (gasp) libraries. $500 for an archive of all 20 (or whatever) games your company made between 1980 and 1986, sold in a run of 100. Game company makes 50k (less 5k packaging and 10k distribution), ensures that the games are not lost for all time, makes a few collecters happy, and doesn't risk losing the revenue on a sequal to cheezy Amiga Pacman clone #3.

    8. Re:Heroes by Anonymous Coward · · Score: 0

      Gremlin did more than that. They granted free distribution before they disappeared. Most (but not all) of their games can dbe downloaded legally here:

      http://gremlinworld.emuunlim.com/

    9. Re:Heroes by Anonymous Coward · · Score: 0

      Point being that even this CD is unavailable now, and CM themselves probably no longer have a copy.

      D.

    10. Re:Heroes by Anonymous Coward · · Score: 0

      LOL! I find your blunt honesty refreshing. Made my day.

  25. Re:Pennies for ROMS now... by thed0gman · · Score: 2, Insightful

    But I think the point is, that no-one is expecting them to release their copyright, allow reverse engineering or unauthorised clones.

    We're just talking about distributing games for a platform that's been end-of-life for many years. There's no financial loss involved and, due to the interest of the retro-gaming community, it could work out to the publishers' financial benefit.

  26. mmmmm by Anonymous Coward · · Score: 0

    The IDSA seems to be on a roll here. Threatening legitimate efforts. Look what they recently send to Lik-Sang for selling (!) videogames.
    They make themselves look like a bunch of idiots this way.

  27. Who the hell is Mika Boorem ? by Anonymous Coward · · Score: 0

    Who the hell is Mika Boorem ?

    1. Re:Who the hell is Mika Boorem ? by Anonymous Coward · · Score: 0

      http://www.childstarlets.com/lobby/bios/mika_boore m2.html

  28. (non-)profit by Anonymous Coward · · Score: 2, Interesting

    It's just another way to stifle competition, in this case competition from older games/platforms.

    1) File lawsuit against people making old games available.
    2) Non-profit guys scared shitless, can't afford lawsuit, remove old games from site.
    3) Old games no longer available, sales of new games up.
    4) Profit.

    1. Re:(non-)profit by Anonymous Coward · · Score: 0

      The way the IDSA and BSA acts are like terrorists. Why aren't they the one who gets prosecuted? (Because it's "good for the economy"?)

      Would anyone complain to IDSA and/or BSA? I guess not... for fear of being terrorised themselves...

      So much for democracy.

    2. Re:(non-)profit by Anonymous Coward · · Score: 0

      Point 3 ... Old games no longer available, sales of new games up.

      In my case, this is not true. Here's an example ... On the WoS site, games made by a company called "Ultimae Play The Game" have been denied. I cannot download any of their games from WoS to play in a Spectrum emulator. As a result, I have bought the games on eBay and use a real Spectrum computer to play them.

      Each time I want to play one of these games I must ...

      [1] Unpack and set up the spectrum computer (about 5 mins).
      [2] Load a game. (approx 5 minutes)
      [3] Play game - and I play it longer than I would have done using an emulator (partly to justify the time spent waiting for it to load, and also because loading another game takes a few minutes which makes me reluctant to change games frequently).

      I now spend more time NOT PLAYING NEW GAMES. Great! :-(

  29. Remakes! by Hewligan · · Score: 3, Informative

    On an almost on-topic note, I've gotta point out this site.

    The spectrum had some of the coolest games ever, and the guys at Retrospec have made some great remakes. For those of you who were unfortunate enough to never have a Spectrum, I'd especially recommend any of the versions of Manic Miner, and Klass of '99 (a remake of Skool Daze).

    I'm sure I still have a working Spectrum around here somewhere...

    --

    "If God created us in his own image, we have more than reciprocated"

    1. Re:Remakes! by Anonymous Coward · · Score: 0

      There's also a remakes mailing list: go to http://www.topica.com/lists/remakes to see what it's about...

  30. Re:RPN by Anonymous Coward · · Score: 1, Funny

    Only an RPN user would not do 6+7 in his head.

    It was an example. Feel free to put pi, e, avadadro's (sp) number etc in place.

    OK, let's go 5 ^ 13 + 2 / 3

    ALG takes 9 keystrokes

    RPN: 5 enter 13 ^ 2 enter 3 / + is 11 keystrokes

    Congrads, you have found one of the rare examples where alg beats RPN. Now, lets double the result, then square it.

    ALG: (2 * ans) sq = 7 keystrokes
    RPN: 2 * sq 3 keystrokes

    RPN comes out ahead now

  31. Over-zealousness by FromWithin · · Score: 2, Insightful

    There is a similar Amiga (and PC demo) site, Back 2 the Roots. It is a great site with hundreds of Amiga games, demos, music, and PC demos on there for download. The owner of the site has gone to great pains to get permission for every piece of copyright work (i.e. games and music) on there.

    The site has been knocked out of action twice by IDSA. The problem is that the IDSA didn't check or anything (both times), they just told the ISP the site was illegal and the ISP complied!

    I sent a complaint mail to them about it, but of course, I didn't receive anything back.

    The IDSA may have their place, but they are being paid by the industry to do a job that they are obviously not doing properly.

    1. Re:Over-zealousness by Anonymous Coward · · Score: 0

      Actually I believe IDSA knew precisely what it was doing: they were wiping out a competitor.

      Think about it: if you are playing an Amiga game, you are not playing the latest greatest console game are you?

  32. For the record by NigelJohnstone · · Score: 1

    For the record, these games:

    http://c64.users2.50megs.com/

    Are absolutely fine by me. Its abandonware, I wrote them when I was a spoilt brat and I was really please to see a C64 enthusiast take them and put them on the net. (Just wish they were better games, I can write better than this now, honest!)

    1. Re:For the record by tubs · · Score: 1

      Spooks, bloody hell, I spent hours on that game as a youngun.

      Never did finish it though.

      --

      try to make ends meet, you're a slave to money, then you die

    2. Re:For the record by NigelJohnstone · · Score: 1

      "Never did finish it though."

      Neither did I, the endings crap, download Manic Miner instead, this ZxSpec site has the original!

    3. Re:For the record by tubs · · Score: 1

      Why would I want to sulley myself by downgrading to a Spectrum?

      C64 Rulez Ok. And the Amiga beats the ST too. :-)

      --

      try to make ends meet, you're a slave to money, then you die

  33. read the letter first before posting by Anonymous Coward · · Score: 0

    >>> read the letter first before posting i don't know why all you people are posting here? worldofspectrum have permission to host these files. the idsa have sent a letter to verify this and the webmaster has replied with the relevent information. end of story.

    also the idsa are in washington usa while worldofspectrum is in the netherlands, so like others here i too can say that the idsa can 'fuck off'.

    regards,
    simone - british

    p.s. fuck americans, their companies and the fbi.

    1. Re:read the letter first before posting by Anonymous Coward · · Score: 0

      Being an American, I thouroughly agree with your p.s.

      We've even came up with a good nickname for the Dept. of Homeland Security; We'll just shortcut to the end and call them the Gestapo now, and save all the wondering.

  34. Discs and microdrives by pak21 · · Score: 2, Informative

    The disc (as seen on the Spectrum +3) was a real 3" disc. The 'fast tape' was the Microdrive and was available for the original Spectrum (and later the QL...)

  35. Don't click the link! by MidoriKid · · Score: 3, Interesting
    The information transmitted in this Notice is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, reproduction, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from all computers.
    Now I have to erase my cache or the ISDA is gonna nail me!
    1. Re:Don't click the link! by Anonymous Coward · · Score: 0

      Fascinating: does this mean you cannot share such a letter, for example, with your lawyer? That would mean that not only do you get threatening letters, but you are on your own when it comes to legal advice.

      I wonder how such a thing is possible in a free, democratic world.

  36. Counter Sue? by nurb432 · · Score: 1

    There should be a way to counter sue for damages and recoup all your losses to defend yourself against the ludicrous case in the first place.

    Frivolous law suits are illegal, aren't they?

    I'm sure a class action lawsuit with some high powered lawyers would put these people back in their place... oh wait.. the lawyers benefit more when the frivolous lawsuits are taking place... Hmmmm

    --
    ---- Booth was a patriot ----
    1. Re:Counter Sue? by Gleef · · Score: 2, Informative

      nurb432 wrote:

      There should be a way to counter sue for damages and recoup all your losses to defend yourself against the ludicrous case in the first place.

      Frivolous law suits are illegal, aren't they?


      Technically, there are laws against frivolous lawsuits, but what they are and what you have to do to trigger them vary from country to country. In the US (where IDSA is located) it is very very hard to prove that a lawsuit was illegal. World Of Spectrum is in the Netherlands, which might have more protection, but who knows what jurisdiction any lawsuit will end up in this case.

      Disclaimer: I am not a lawyer, the above should not be interpreted as legal advice.

      --

      ----
      Open mind, insert foot.
    2. Re:Counter Sue? by Hrothgar+The+Great · · Score: 1

      The problem is that cases against sites hosting very old software may be anything but frivolous. Perhaps we do not agree with their methods, and perhaps even the court will not, but this does not mean that their case was not legitimate.

      There ARE two sides to this issue, and the people on the opposite side from us are just as rabid in their self-righteousness as we are.

    3. Re:Counter Sue? by Hognoxious · · Score: 1
      The original article says (my emphasis):
      however they are the original versions that were released many years ago and have now been officially made legal to supply by the current copyright owners
      Now you say:
      The problem is that cases against sites hosting very old software may be anything but frivolous.
      Explain how a sueing someone for doing something they have permission to do is anything other than frivolous (or plain stupid)?
      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  37. You're pretty. by Anonymous Coward · · Score: 0

    Can I go out with you? Please?

  38. Re:Typical American Coward Talk by Anonymous Coward · · Score: 0

    Such organisations as BSA, IDSA have legal and moral grounds to defend the products or services of their members.

    Yeah, and they also have the power to prevent someone from starting their own business in the video game arena. All they have to do is sue someone that Produces their own games, whether it's for the PC or the Macintosh, and if the IDSA is in the wrong, they will continue to sue UNTIL their competitor is buried in legal fees. Remember, the IDSA has Three of the Largest conglomerates around as members (Micro$oft, Universal, and Sony-Bony. Of course, you Libertarian/Republican Dog-Eat-Dog/Survival of the Fittest Idiots either don't see that or Believe the rich does no wrong while the poor can do no right.

  39. New Article Already by Anonymous Coward · · Score: 0
  40. Something similar just happened in Germany by Tomcat666 · · Score: 4, Funny

    What a coincidence... something similar just happened to the German university of Münster.

    The BSA sent the university a cease&desist-letter and told them to stop distributing MS Office over their FTP server.

    Unfortunately, the file mentioned in the letter is "/mandrake_current/SRPMS/OpenOffice.org-1.0.1-9mdk .src.rpm". Now *that's* one pirated office!

    Read more about it on Heise (sorry, German).

    --
    Two Worlds - One Sun [Spirit]
  41. Raunchey Kong by COBOL+the+Barbarian · · Score: 0

    So, if you actually look at the gif associated with Donkey Kong, you'll see that the girl appears to be humping the monkeys leg furiously, while he sweats profusely and fights Mario off. And who can blame him?!?

    1. Re:Raunchey Kong by Anonymous Coward · · Score: 0

      Looks to me more like she's using a strap-on (hidden from view due to Japanese censorship laws). Are we sure this isn't the little known "Pony Kong"?

  42. Re: Mobile gaming is one possible outlet by scottme · · Score: 1

    The capabilities of the current and imminent crop of mobile gaming platforms (i.e. Java-enabled cellphones, etc), means that these 10-15 year old PC games are going to be about state of the art on them. There's potentially a lot of money to be made by selling download rights on implementations of these games.

    I'm not saying that's what *is* behind an action such as IDSA's, but it wouldn't surprise me if the copyright owners have started to smell the coffee.

  43. The biggest thing to remember is.... by Anonymous Coward · · Score: 1, Insightful

    ...that if you are playing OLD games, you are not buying NEW ones. Hence, no income on things they've already forgotten about.

    Its like a phone that could possibly use Windows 3.1 - stuff Microsoft has forgotten about and stopped supporting could suddenly be sold again.

  44. Re:Typical American Coward Talk by Anonymous Coward · · Score: 0

    No, they don't have the power to prevent that you create and sell a game, at least till you steal intellectual ideas of another. Your statement about this one is having the same smell as those US 'intelligence' satellite pictures of Iraq. It stinks.

    Look, I'm not in the mood in a fight about copyright protection or something. All I say is: try to respect the law. If you don't want to (and believe me, I don't respect it always either) then don't start moaning that it is unfair when they lock you away.

    If you can't life with certain laws, then call your senator OR leave the country, go live in Hong Kong or Russia. In those place you can copy, steal, rape or whatever you want with intellectual ideas.

    Living in a country, any country is always a matter of living in a consensus. You as an individual will not agree with everything, which is normal. But that wont say you just can break it.

    Also, it is not because an individual or a company is rich, even extremely rich, that you, as a poor guy, are allowed to harm it.

  45. Interns? by GQuon · · Score: 3, Interesting
    Searches like this are probably sub-contracted out to the lowest bidder, which will come down to a couple of interns typing "soldier of fortune download" into Google...

    If they're not just using a robot search program that go through their database of titles.
    Another site that got attacked.

    IDSA (Interactive Digital Software Association), self appointed world software cops, attacked our site again. Obviously they run a robot, which parses sites for zipfiles with names of games they protect, and, once detected, directly notify the owner of the IP space to disable access without doing any research. That is exactly what happened to us, now the second time. Last time (one year ago) we provided contact details and the information that all stuff on our site is either freely distributable or licensed. They did not even respond. The first answer is the second attack now, mostly because of freeware and demo versions! Fortunately the IT department of the university hostig us are some bright minds. They disabled routing for our machine for a while and asked IDSA to approve their statement in any way, which did not happen, so they enabled our site again. Big thanks for this wise reaction!

    If you run a legal download site, please warn your ISP about the way IDSA is doing their work, and that they blindly try to shut down sites, no matter how many years of research you invested in getting licenses to keep your site legal. If you're one of the companies supporting IDSA consider giving your money to someone who takes the subject more seriously.


    mmmm. Interns....
    --
    Irene KHAAAAAAN!
    1. Re:Interns? by moncyb · · Score: 1

      IANAL, but can't they charge the people at IDSA for perjury or fraud? I'm sure sending false DMCA complaints is against some law. Don't they have to write "under penalty of perjury" somewhere when they file a DMCA complaint??? At the very least, these guys should be able to sue IDSA for slander / libel.

      Until the victims of false DMCA complaints do something, these companies will keep it up...

    2. Re:Interns? by Anonymous Coward · · Score: 0

      To be slander, the IDSA would have had to publicly accuse them of something. The letter was sent privately, so no slander.

    3. Re:Interns? by moncyb · · Score: 1

      What if it was sent to their hosting service / ISP / upstream provider? From what I understand, most DMCA complaints are sent to the organization who runs the network (for practical reasons) instead of the person who is accused.

    4. Re:Interns? by Gojira+Shipi-Taro · · Score: 2, Interesting

      I believe the word we should use here is barratry. quick definition is "attempting to use baseless legal threats to frighten the subject into compliance. When employed by actual lawyers, it can result in disbarment. Assuming the prey bothers to find out that's whats happening. People are largely ignorant that unethical behavior like barratry is more actionable than the made-up "facts" that are bandied as theats in these cases...

      --
      "Oh my God. This is terrible. This is the end of my Presidency. I'm fucked."; ~ Donald J. Trump
    5. Re:Interns? by Anonymous Coward · · Score: 0

      Ironic that "barratry", like "piracy", was originally a maritime term -- it meant deliberately sinking a ship in order to claim the insurance...

  46. idsa? by Anonymous Coward · · Score: 0

    Thanks god I own my Jet Set Willy original cassete, so I can play it on the 2.000 spectrum simulators lovely people had made.

  47. K.H. by cgenman · · Score: 2, Informative

    from here

    From: dmca@idsa.com.no.junk.mail To:abuse@xxxxxxxxx
    Subject: Berne Convention - Demand for Immediate Take Down - Notice of
    Infringing Activity - Reference#: 922932 Date: 14 February, 2003 5:23 PM
    Interactive Digital Software Association 1211 Connecticut Avenue, N.W. Washington, DC 20036 USA Attention: Piracy Enforcement - DMCA Officer
    Telephone: 202-223-2400 Fax: 202-223-2401 E-mail: dmca@idsa.com Friday, February 14, 2003

    Dear abuse@xxxxxxxxxx,

    I am an authorized representative of the Interactive Digital Software Association ("IDSA"), which represents the intellectual property interests of almost thirty companies that publish interactive games for video game consoles, personal computers, handheld devices and the Internet.

    IDSA is providing this letter of notification to make xxxxxxxxxx aware of material available via its network or system that infringes the exclusive copyright and trademark rights of one or more IDSA members. This notice is addressed to you as an agent of xxxxxxxxxx for purposes of receiving notifications of claimed infringement. We hereby affirm that the IDSA is authorized to act on behalf of the IDSA members whose exclusive copyright rights we believe to be infringed as described herein.

    Based on the information obtained by IDSA that is provided in this e-mail's attachments, IDSA has a good faith belief that the Internet site found at http://www.worldofspectrum.org/ infringes the rights of one or more IDSA members by offering for download one or more unauthorized copies of one or more game products protected by copyright, including, but not limited to: 007 Barbarian Donkey Kong Frogger Mario Pac Man Soldier Of Fortune

    Through the Berne Convention and other international treaties covering intellectual property rights, we believe that our members' rights in such games are entitled to the full protection of the intellectual property laws of your country. The unauthorized copies of such game product[s] appearing on, or made available through, such site are listed and/or identified on such Internet site by their titles, variations thereof or depictions of associated artwork (any such game titles, copies, listings and/or other depictions of, or references to, any contents of such game product, are hereinafter referred to as "Infringing Material"). Based on the information at its disposal on 2/7/2003 6:49:39 PM GMT, IDSA believes that the statements herein accurately describe the infringing nature and status of the Infringing Material.

    Accordingly, IDSA hereby requests xxxxxxxxxx to immediately remove or disable access to the Infringing Material at the URL address identified above.

    Should you have questions, please contact the IDSA at the above listed mailing address or by replying to this email. Please also include the above noted Reference Number in the subject line of all email correspondence. We thank you for your cooperation in this matter. Your prompt response is appreciated.
    Regards,
    Robert L. Hunter, IV

    Interactive Digital Software Association
    Note: The information transmitted in this Notice is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, reproduction, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from all computers.

    From: Martijn van der Heide
    To: dmca@idsa.com.no.junk.mail
    Subject: Your reference #922932
    Date: Mon, 17 Feb 2003 12:54:02 +0100 (CET)
    Your reference: #922932

    Dear Mr Hunter,

    Thank you for your email dated 14th February 2003, 5:23PM CET. The World of Spectrum archive site at is a software preservation site, archiving software for the classic microcomputer, the Sinclair ZX Spectrum.

    We strive to gain permission for redistribution for all software in the archive from the original publisher, and if the publisher no longer exists, from the original author. We publish all such permits on our site, and where such permission has been rescinded by either the publisher and/or author, we comply and remove the affected titles from the archive. Our copyrights policy is available in a dedicated section of the site, the Copyrights section, at .

    To this end, we take all allegations that we are carrying software to which we do not have permission very seriously, however, the list of titles provided to us by yourselves is unfortunately somewhat vague, and we believe there may in fact be 'false positives', with titles in our archive of old software originally made during a period between 1982 to 1992 matching currently available software. An example is the title 'Soldiers of Fortune', for which we have explicit formal permission from the publisher Firebird Software Ltd (a label from British Telecom). If there is indeed clear and present proof that the titles you specifically list are present in our archive, we will be happy to remove those titles to endeavour to retain the goodwill we have in the industry and our position as being responsive to creators requests. To this end, could you please provide further information on the titles you have listed, such as publisher (or relevant IDSA member), release date, platform and so on, so that we can properly investigate and expedite this request.

    Thank you for bringing this to our attention.

    Yours sincerely,
    Martijn van der Heide
    --
    Martijn van der Heide
    Owner of the official world archive for the Sinclair ZX Spectrum
    The World of Spectrum, http://www.worldofspectrum.org/

    -------------

    1. Re:K.H. by Anonymous Coward · · Score: 0

      Note: The information transmitted in this Notice is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, reproduction, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited.

      Now you've gone and done it.

  48. Nothing new by Anonymous Coward · · Score: 0

    Back2roots.org which does legally downloadable Amiga games, has had this happen to them a couple of times.
    A bot scours the web looking for .zips and a list of recognisable names, and automatically fires off an email which makes threats over assumed piracy.

  49. 3 inch disks were great! by Anonymous Coward · · Score: 0

    Hey i take offense to that crappy 3" disk comment! Those 3" disks came out around 1985 with a mind-blowing 192k per side. They were lightyears ahead of the 5.25" disks people were trying to cram into their PCs and Apples at the time. They were positively indestructible, not like the still-flimsy 3.5" disks that came out a bit later. They were HARD plastic, like, frickin kevlar, man. If they weren't so damn expensive i wouldn't have been surprised if the British Army didn't buy boxes full to line their bullet-proof vests with!

    1. Re:3 inch disks were great! by Anonymous Coward · · Score: 0

      3.5" diskettes came out earlier, in 1984 with the Mac 128 - 400k single-sided. 800k double-sided ones came about a year later (Mac Plus I think).

      Those Speccy disks were a dead end from the start, but they'd probably put a fair bit of development time into them already...oh well. The Spectrum on the whole was a strange attempt, though fondly remembered of course. ;)

  50. IDSA repeats by Isofarro · · Score: 2, Informative

    Not the first time IDSA has had a go at organisations legitimately distributing Spectrum games.

    When Sinclair User brought out the MegaTapes, the first couple of tapes had some decent stuff, games no longer available for resale. Then IDSA stepped in and complained that it was preventing people from buying newer games, which had the effect of turning the MegaTapes into a demo/reader written game range.

    1. Re:IDSA repeats by Anonymous Coward · · Score: 0

      Not the IDSA, but ELSPA. They stepped in when, in the Spectrum's case, the three main Spectrum mags were offering 20 or so pieces of software on their tapes every month.

      With a steady stream of "free" games coming in, fewer people were going out to buy new games.

      As this was in 1991 or 1992, the tail end of the Speccy's life, software sales were dropping fast already and ELSPA needed to protect the industry.

  51. Maybe we should try a sting? by jc42 · · Score: 2, Interesting

    the way the IDSA is going about it (trawling the web and sending off threatening letters based on filenames) is completely out of line.

    Is this really how they are doing it? If so, can anyone post the list of file names that they are looking for?

    If we can get the file names, we can easily set up a sting operation. We just invite all our readers with web sites to create dummy files with those names, perhaps in a /games/ directory. Then we collect the threatening letters. If this works, we'll have plenty of evidence against them in court.

    It hardly seems likely (or even vaguely reasonable) that anyone could own the rights to a file name. I typically create hundreds (sometimes thousands) of file names each day during software testing. Right now I'm working on a web site, and a test I'm running is creating roughly 100 files per second. If I have to check for possible copyright infringement of every file name, the job becomes utterly impossible, since what was a 10-second test run will take years.

    If companies are really making copyright claims based merely on file names, we should stop this practice right now. Anyone want to help?

    --
    Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    1. Re:Maybe we should try a sting? by pak21 · · Score: 4, Informative

      Is this really how they are doing it? If so, can anyone post the list of file names that they are looking for?

      In all honesty, don't know. However, they certainly didn't appear to do much more than that. Getting as far as WoS's database entry for Soldier of Fortune (one click away from the game listings) clearly shows that it's not the modern game.

      As has been pointed out elsewhere, that's the most clear-cut case; some of them (eg 007) I don't believe the IDSA are representing the copyright holders to the versions on WoS, even if we don't have permission to distribute them. Others (Mario, Frogger, etc) the IDSA may be representing the copyright holders, at least for some of the versions. If the IDSA responds to Martijn's reply, then action may be taken with respect to those games.

    2. Re:Maybe we should try a sting? by InspectorPraline · · Score: 1

      If you read the letter they sent Martijn, they mention the following games:

      • 007
      • Barbarian
      • Donkey Kong
      • Frogger
      • Mario
      • Pac Man
      • Soldier of Fortune

      There are some fundamental flaws with several of the titles they mention.

      First, 007. This could be one of two things: One, the moron who wrote the letter confused the titles available off the page with the Sega arcade title 005, or two, 007 is a blanket statement for all the games with 007 in the title, of which there are several, are all registered to a Domark Ltd., which is actually a subsidiary of Eidos, which is a member of the IDSA. There ordinarily wouldn't be a problem with this except:C&D letters like this are supposed to explicitly mention the software title being infringed, aren't they? (IANAL!!)

      Next, Barbarian. Created by Icon Design, a little tiny software manufacturer that only produced Spectrum titles during the last few years of the system's life. First off, Icon Design doesn't appear to have been bought by anyone, although Namco is a likely candidate considering that the software house produced a version of Rastan for the Spectrum. However, presuming that the software manufacturer was allowed to die on its own and wasn't bought up, the IDSA doesn't have a leg to stand on with this one.

      Donkey Kong and Frogger were both licensed. Nintendo and Sega both have no control over the licensed copies. That belongs to the original producers (again, IANAL), and the IDSA has no control again.

      Pac-Man, again, was licensed. Namco has no hold on this copy.

      Soldier of Fortune is not the version we all know now, but a little known title produced by Firebird Software, which was later folded into British Telecom. Since British Telecom isn't a member of the IDSA, I hardly believe they have control over this title either.

      Add to all this the fact that this guy's collected permission letters from individual authors all over the place, I think the IDSA is literally grasping at straws. Makes me wonder if they're really acting on behalf of Nintendo/Sega/Namco/etc., or they're just looking for work.

    3. Re:Maybe we should try a sting? by Anonymous Coward · · Score: 0

      Firebird Software, which was later folded into British Telecom

      Sorry, wrong: Firebird Software was, from the start, a division of BT...

  52. Woohoo! by Tenebrious1 · · Score: 1

    you should eliminate all humans first.

    Yeah! That'll leave world full of psychopaths with us geeks building road-warrioresque ORVs and maintaining the oil rigs...

    --
    -- If god wanted me to have a sig, he'd have given me a sense of humor.
    1. Re:Woohoo! by CoolVibe · · Score: 1
      Yeah! That'll leave world full of psychopaths with us geeks building road-warrioresque ORVs and maintaining the oil rigs...

      <voice type=homer> Mmmmm..... Mecha's :-) </voice>

  53. /. Interviews by Bartmoss · · Score: 1

    We should have /. itnerviews with idsa and bsa... if we filter out the flames, that may be interesting.

  54. Re:Pennies for ROMS now... by LordKaT · · Score: 1
    This is a classic case of where personal, common sense, meets the business world . . .


    We're just talking about distributing games for a platform that's been end-of-life for many years. There's no financial loss involved and, due to the interest of the retro-gaming community, it could work out to the publishers' financial benefit.


    The problem is that there is a financial loss, in the eys of the business world. Even if the product is EOL, there are still some people out there that want to buy it. If the company in question kept producing them, would the person buy it? Maybe, maybe not. But if the person were to buy it, then the copy they downloaded constitutes a loss. It's a minor loss, but it is still considered a loss.


    Also, because of the anal nature of the legal department of most companies, they would NEVER release the copyright. They would not even release a carefully worded license agreement.


    Finally, companies don't want to deal with the technical issues of using older games on an emulator, or even a really old version of the platform it was created for. Mainly because they don't want to hire more staff, but also because they don't want to retrain their current staff to handle out of date games. Imagine a tech support person trying to help the average computer user with a beta copy of an emulator:


    User: "Why does Emulator XYZ crash when I load this?"

    Tech: "Uh, I dunno. what version are you using?"

    User: "XYZb1029.76.38923773.5"

    Tech: "Oh, that's because it's beta. Wait until a final release."


    It's a very very ugly situation, one where the business entity's interests are in direct conflict with the public's.


    It's unfortunate, but it's all too common.


    --LordKaT


    Laconia Bums Inc. A plug for my site, because I'm just that cool.

  55. from the destroying-our-past-dept by Anonymous Coward · · Score: 0

    IDSA, BSA, RIAA, MPAA... they're all doing the same
    thing. They're essentially denying our history
    under the guise of protecting their precious
    copyrights. Because somehow all of this old stuff
    is still commercially viable... I'm glad there's
    no alliance for prosecuting antique shops and
    imagine the trouble that would be caused to orgs
    like Goodwill that sell these things for less than
    $10 with a bunch of software...

  56. Illegal copy of illegal game... by fuxoft · · Score: 2, Interesting

    That old Donkey Kong clone from Ocean was in fact called "KONG" and was itself an illegal (not licensed) copy of the Nintendo game. Ocean did this rather often...

    --

    --- Frantisek Fuka (Yes, that's my real name and you have no idea how it's pronounced)

    1. Re:Illegal copy of illegal game... by Anonymous Coward · · Score: 0

      Come on, since when was it illegal to remake a game from scratch, even if it was similar (but not identical) to another game? If that was true, just about every fucking game in the stores right now would be illegal.

    2. Re:Illegal copy of illegal game... by Anonymous Coward · · Score: 0

      Then why does the bizarre image have the "official" Donkey Kong logo and a Nintendo logo above the Ocean one to boot?

      Maybe they did a good job and Nintendo licenced it afterward.

    3. Re:Illegal copy of illegal game... by fuxoft · · Score: 1

      Yes, exactly. The original KONG was from 1984 and contains no mention of Nintendo. Their DONKEY KONG is more recent. I remember they also did MOON ALERT (unlicensed clone of MOON PATROL), MR. WIMPY (clone of BURGER TIME) and others...

      --

      --- Frantisek Fuka (Yes, that's my real name and you have no idea how it's pronounced)

  57. Re:YOU FAIL IT! by josephgrossberg · · Score: 1

    So close, yet so far. Too bad ./ doesn't let you know how many other posts are "in the queue" then you do it. And I only missed the shit by less than a minute. :(

  58. Re:Pennies for ROMS now... by Anonymous Coward · · Score: 0

    Good god, that's disgusting - and I aleady get mail like this for SPIN :-)

    And yes, I do occasionally say "wait for the next release". It's sometimes the kindest thing to do....

    D.

  59. Interview with a Vampire by teamhasnoi · · Score: 1
    (Reprinted from a BBS somewhere)

    I make no excuses; I own a Apple IIGS, and an old Powerbook. Just what do these people expect?

    The machines are unsupported, out of warranty, and are completely obsoleted by Apple. Yes, they have system software downloads for the IIGS, and for the Mac, but those stop at sys 7.5x (Mac.)

    I own these machines, and will do whatever I want with them. If it takes downloading a .2mg file for the GS emulator on my mac, if I need to make a disk image of my mac HD, If I have to scour the net for a control panel that was EOLed and is not able to be purchased, I will in a heartbeat.

    Screw these people who are 'defending' the copyright of 'Beneath Apple Manor', Cannonball Blitz, and whatever else runs on the IIGS. Show me where I can buy these, online or otherwise.

    The copyright problem here is that software will outlast the machines they run on. 20 years from now, when the motherboard of the IIGS goes bad, all the software, and info that was created/stored on this machine can be used in an emulator.

    I really don't care about the 'rights' of copyright holders in this context, it all comes down to what I need/want to do on these machines.

    Some authors are still active, and are awake to the situation. They realize there is no point to holding on to their releases, and submit them as freeware. That's great. Even Shareware serves this purpose.

    Cinemaware is a good example of this. They are rereleasing Defender of the Crown on new platforms (GBA/phones) *AND* making the old disk images available for download! Why not? Is someone going to walk into Software, ETC. and ask for the black and white Macintosh version anytime soon? I think not.

    All best are off when the copyright holder is not available, or just sitting on this stuff. I will have it one way or another. Abandonware is illegal because copyright is (becoming) eternal. Frankly, I don't care.

    I cut my 'pirate' tooth on a Apple IIe, (do legal copies of any Apple II game even exist?) and will continue to use and promote the Apple II software.

    Abandonware should be legal. Out of print, EoL software should be legal. If I can't buy it new and supported from a store or online, it should be fair game.

    When copyright is extended to absurd lengths, it only weakens the idea of copyright on new things.

    Lots of people feel that Abandonware is fine and dandy to copy and distribute. Some even feel it's ok to charge for it. That's where I draw my line in the sand. If the copyright holders want to charge for it - Great! It's not Abandonware. If some guy wants to sell you a $4 floppy with Hard Hat Mack and Diamond Mine on it, no way. Don't sell this stuff.

    Copyright lasts too long. Public Domain is already on it's way out. Abandonware is illegal. I will continue to break the law until the law is changed. Many people feel similarly, (50,000,000 Fans of Elvis using Kazaa Can't Be Wrong) and the copyright laws need to reflect this. Laws should reflect society and not lobbying.

    My name is Steve Jobs, and I am a pirate.

  60. Think more 'generic' law suits by nurb432 · · Score: 1

    I was being more generic: A lot of BSA style suits are frivolous and meant only to harass / intimidate and they should be taught a lesson.

    If the suit legit, then of course I don't agree with the counter sue..

    Piracy for profit is bad, and should prosecuted. Not aruging with that one, but in this specific case they have the permission to distribute, so this would fall under the ability to counter sue to recover any costs as far as I'm concerned.

    --
    ---- Booth was a patriot ----
  61. Re: Mobile gaming is one possible outlet by Tassach · · Score: 2, Informative
    The capabilities of the current and imminent crop of mobile gaming platforms (i.e. Java-enabled cellphones, etc), means that these 10-15 year old PC games are going to be about state of the art on them. There's potentially a lot of money to be made by selling download rights on implementations of these games.
    Not exactly. An executable binary for an obsolete piece of hardware is utterly useless for this kind of thing. Console games, particuarly old ones, are highly platform-specific. In order to get decent performance out of limited hardware, you had to program on the bare metal. This results in code that is an utter bitch to port to a different platform, assuming that the source code even exists anymore. There's a good reason that old-school console games were only available on one or two platforms.

    While a Java-enabled cell phone may have comperable computing power to an early 80's console game, that does not mean that it's going to be easy to port an old game to it; and a cell phone or PDA isn't going to have the horsepower to run an emulator. Since Java didn't exist when these games were written (and they wouldn't have been written in it even if it had existed), you're going to have to re-write the entire game from scratch in Java. (Alternatively, you could write a compiler and support library which would allow you to compile the original source into Java bytecodes; this would be a monumental effort of dubious value)

    --
    Why is it that the proponents of "one nation under God" are so eager to get rid of "liberty and justice for all"?
  62. Goonies by Newander · · Score: 1

    ORV... Bullet holes!

    --

    Jesus saves and takes half damage.

  63. Doesn't pay to be a good guy... by russotto · · Score: 1

    WoS tries to take the high ground and they look down their noses (in their section on copyright) at abandonware users who don't share their opinions on whether or not it is reasonable to enforce the abandonware copyrights. So what do they get? Same abuse the eyepatch-and-Jolly-Roger set gets. Just goes to show there's no reward for playing by the rules.

    1. Re:Doesn't pay to be a good guy... by Anonymous Coward · · Score: 0

      I think you'll find they are not trying to "take the high ground ", but are simply trying to run an enthusiast site legally. If they run things above board, they won't be shut down for distributing illegal material, and thus the community can continue to enjoy the BEST zx spectrum resource on the internet.

  64. Re:RPN by Anonymous Coward · · Score: 0

    ALG: (2 * ans) sq = 7 keystrokes

    On my calculator I just have to press

    ALG: * 2 sq = 4 keystrokes

    Sorry but ALG is still ahead

  65. Re:Pennies for ROMS now... by ShadowDrake · · Score: 1

    Solution: an all-in-one package. Take a trusted-quality emulator, stick it on the CD with the games, and sell the package for $4.99 as an impulse item. Make it autorun on Win95.

    --
    It's just like a fascist dictatorship, without the punctual rail service!
  66. Re:YOU FAIL IT! by zapfie · · Score: 1

    Too bad ./ doesn't let you know how many other posts are "in the queue" then you do it.

    ./? What the hell is dotslash?

    --
    slashdot!=valid HTML
  67. Re:YOU FAIL IT! by josephgrossberg · · Score: 1

    Gee whiz. I don't know.

    How will we ever solve this mystery?

  68. Re:YOU FAIL IT! by zapfie · · Score: 1

    Hm, maybe with an Ask Slashdot feature. :)

    --
    slashdot!=valid HTML
  69. Honeypot for BAS and IDSA by Anonymous Coward · · Score: 0

    Why doesn't someone take a page outta the researchers of network hacks books. Make a "small" company give it an online presence, make it seem like they are pirating massive amounts of software, when in reality they are not and can substantially prove it, have a lawyer consulted to take a case if neccessary, then let the dogs outta the gate and sooner or later they'll "find" the honey pot and threaten the
    company, you'll effectively tell them to "fuck off I have done nothing wrong." They will serve you, and you have all your evidence as to your not pirating software because your firm DOES NOT OWN COMPUTERS! LOL. Just thought this trap method of making some cash from these orgs would be a novel way of income.

  70. Not the whole story by kyz · · Score: 1

    The reason was that he'd just realised a commercial Elite-a-like for handhelds, and when searching for reviews of it he found only illegal ports of Elite to the handhelds.

    There's more to this than meets the eye.

    Firstly, the "illegal port" of Elite (Elite - The New Kind, by Christian Pinder) was approved by one of the joint copyright holders of Elite (Ian Bell), and was a 100% faithful rewrite of the game in portable C from the original BBC BASIC / assembler. It was ported to a huge number of platforms.

    Pinder contacted the other joint copyright holder of Elite (David Braben), asking for permission to distribute his free, 100% accurate re-engineering of the original BBC elite. Initially, Braben demanded that just the Pocket PC version be removed, as he was about to release another tired, buggy pile of crap under the Elite name for the Pocket PC. As Pinder had enormous respect for both Braben and Bell, he removed the Pocket PC port.

    NOW, Braben has demanded that Pinder COMPLETELY remove ALL ports of his meticulous re-working from the entire internet. Good to know he wasted a year of his life writing it, huh? Why did Braben do this? It possibly has something to do with the fact that after the Pocket PC knockback, Pinder teamed up with Bell to write an open-source space trading and dogfighting game called Dark Kind.

    Braben and Bell split up many years ago. Bell became a new-age hippy, and Braben has been writing increasingly bad remakes of Elite. The animosity between them is legendary.

    --
    Does my bum look big in this?
    1. Re:Not the whole story by mccalli · · Score: 1
      There is more, true. Braben has said that the reason he asked for the removal of TNK is that it was a source distribution, as well as binary. The illegal PalmOS (I think) port had taken Pinder's source, slapped their own EULA on it and then released it for the Palm.

      That's why Braben got involved. He had turned a blind eye to all the Elite-a-likes until his own ideas started being used against him. I mean, an EULA added on a port of C code cheerfully described by its author as "In breach of copyright? Probably"? You can't really blame Braben for being a trifle miffed...

      I find it sad they split up, but I don't know either individual. Consequently, I'm not prepared to say who was/is right and who was wrong. But I do think it's a shame.

      Cheers,
      Ian

  71. Re:IT'S CALLED POSTFIX YOU INSENSITIVE CLOD!!! by Anonymous Coward · · Score: 0

    You're right, it's called postfix, because the operator comes after the operands (6 7 +), as opposed to infix (6+7) and prefix (+ 6 7).

    It's also called Reverse Polish Notation, because it's the reverse of Polish notation (a.k.a. prefix), which in turn is called Polish Notation because it was devised by a Polish mathematician. The full gory details are on HP's website somewhere; go look for them yourself, I can't be bothered.

    P.S. Why do I insensitive clod? :-)

  72. Re:RPN by Anonymous Coward · · Score: 0

    Really? On every single alg type calc I've ever seen, that won't work. What type of calculator will accept * 2 sq =, to double the last answer and square the result?

  73. Solution from the IDSA point of view? by Anonymous Coward · · Score: 0

    Perhaps the Idiotic Democracy-Stuffing Association should arrange for oil to be found under the WoS servers; then they could have President Bush send in the US Air Farce to bomb them into the ground... :-)

  74. Re:RPN by Anonymous Coward · · Score: 0

    My TI-30

  75. Archive then; don't distribute! by bagofbeans · · Score: 1

    Nothing to stop anyone collecting the old games themselves, archiving them themselves, but not distributing them on the internet. Even if you knew no-one with any games, it wouldn't take much money to slowly buy them on Ebay, archive (copy tape into PC via sound card, scan insert), then sell the tapes again on Ebay.

  76. can i fuck you? by unterderbrucke · · Score: 1

    nt

  77. Moderation error? (was: Re:Remakes!) by Anonymous Coward · · Score: 0

    Why is it that the "Remakes!" post got a 3, but the exactly-equally-relevant reply (about the associated mailing list) is stuck on 0? (Do only people who are registered qualify for positive scores?)

    BTW, the link to the list is this...

  78. Racketeering or just brainless vigilantes? by Anonymous Coward · · Score: 0

    I am a freeware author who used to dabble in Gameboy homebrew software.

    A couple of weeks back I wanted to show someone a game I'd written (Nibbler), so set forth to find a copy online. What did I find? a few pages with the game 'Removed at the request of the copyright holder'

    Now excuse me - but what the F%*& is that?!?!?!?

    Given the fact that I sat and drew the graphics, and wrote all of the code (WITHOUT reference to any official documentation) doesn't that make ME the copyright holder?

    Whoever is behind this (some brainless copyright organisation no doubt) is infinging on MY rights as a software producer. if I decree that people can use my code and freely distribute it then that's what they should be allowed to do.

    What next? Maybe a few 'false positives' aimed at Freeware/small indie shareware producers to force them offline so their member companies can conqueor the remaining 0.1% of the market they don't have already?

    I'm beginning to wonder if what we have here isn't just a glorified protection racket.

    -Sack

  79. Last Post! by alpg · · Score: 0

    He who knows nothing, knows nothing.
    But he who knows he knows nothing knows something.
    And he who knows someone whose friend's wife's brother knows nothing,
    he knows something. Or something like that.

    - this post brought to you by the Automated Last Post Generator...