GBA Emulator Creators Vow To Take On Nintendo
Justin Nolan writes "According to a PDALive article, Kyle Poole of Crimson Fire Entertainment has decided to take on Nintendo after their legal threats regarding his Zodiac Tapwave-based Game Boy Advance emulator, Firestorm gbaZ. The following post can be found in his forum: 'We believe that the US Patent No 6,672,963 does not apply to Firestorm gbaZ, as the patent clearly covers optimizing an emulator based on detecting a predetermined video game title... Because of this, we have decided that we will release the emulator early next week as a free open source project, covered by the GPL license. We will of course provide a compiled version for you to use, but the full source code will also be available. This will provide us further legal protection, as we will not be profiting from it.'"
Because of this, we have decided that we will release the emulator early next week as a free open source project, covered by the GPL license. We will of course provide a compiled version for you to use, but the full source code will also be available.
eg You can stop us making a profit, but we'll use what we have to fuck you over in return.
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This guy's written a closed emulator, and has taken preorders for it. He advertises with screenshots without mentioning any standard way of interfacing gameboy games into the platform his software runs on. Of course Nintendo's pissed, he's selling tools to pirate games. Ironically, now several of his own customers are pissed as well and want their preorder money back (dipshits, its not like software runs out).
You'll notice in the patent several emulators and website references to emulation. The patent makes several claims, and I'm not certain the only claim made within the patent is an emulator that can determine what kind of game is played. This "innovation" would be to look at offset in the rom that indicates which platform the game is intended for. Its also hardly revolutionary. No$gmb can accomplish this feat. And I believe visual boy advance can as well.
The lesson is that most companies take a dim view of profiting from their hard work. If you just want to build an emulator, the easiest part of steering clear of trouble is to make it open source. It's worked for zsnes and snes9x. And in the process we've seen a far greater application of emulators than before when handled by a small clergy of programmers and friends.
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Seriously, I don't see how this can uphold in court: an emulator which copies the hardware structure of a game boy advance deliberately meant as a development kit or a way to get free GBA games just won't cut it. Either way, they're taking Nintendo's product and distributing it that directly interferes with Nintendo's business: If they market it as an emulator, it gets ruled against for the piracy of games: If it's marketed as a development tool, it gets shut down for a deliberate attempt at prevention of revenue for Nintendo: Development kits cost money to make, and this could legally be proven to unlawfully interfere with Nintendo's business practices.
Not to mention the fact that this "development kit" was designed for use with a Nintendo product which, by law, Nintendo owns all rights to, including the ability to deny and/or approve of who can develop for it. Saying that what they're doing is legal is just a load of bull
Even if Nintendo still makes millions, the law applies equally to everyone: It protects small companies from the loss of their products, and, depending on the size and/or stability of such company, potential bankruptcy. It also protects the large companies, like Nintendo, from being denied the profits of their products.
Whether you like it or not, the law just wouldn't be justified if it didn't apply equally.
They're going to see this as an reason to NOT use Open Source. The public and corporations (most of them) are idiots. If push comes to shove in this case and Nintendo stomped on them, every techie news site will report something along these lines :
'Nintendo Stops Open Source Piracy Project, Claims Open Source Is A Danger To Intellectual Rights By Bypassing Anti-Piracy Systems.'
but the workers in the vinyard really does illustrate this point nicely For the uninformed, the story goes like this:
A farmer needed workers in his vineyard. He went into the city and gathered some workers, offering them some money to work for a day. They happilly agreed, being unemployed. Later he went back to the city and got some more workers, offering them the same amount of money to work for the rest of the day. He did this a third time before the day was over. When he paied all the workers, thie first group was upset because they had done more work then the others, yet recived the same pay.
So yeah, don't complain if you bought the emulator and now they are giving it away.
SAILING MISHAP