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FBI Cracks Down on Piracy of Obsolete Game

Alien54 wrote to mention a story detailing an FBI crackdown on pirated...NES games. From the article: "More than 60,000 pirated copies of Nintendo game consoles were seized Wednesday during raids in New York and New Jersey, prosecutors announced. Four people were arrested in the crackdown on the theft of popular games such as "Donkey Kong," "Mario Brothers," "Duck Hunt," "Baseball" and others, according to a release by federal authorities and papers filed in U.S. District Court in Manhattan. Nintendo told the FBI that individuals and companies copy the video games and sell the pirated versions throughout the world, costing the company millions of dollars in lost revenue annually, according to the complaint."

17 of 191 comments (clear)

  1. Really? by ReverendRyan · · Score: 5, Interesting
    copy the video games and sell the pirated versions throughout the world, costing the company millions of dollars in lost revenue annually
    Then I should be able to go buy an NES and Super Mario Brothers from Nintendo, no?
    1. Re:Really? by happymedium · · Score: 4, Insightful

      The so-called "millions of dollars in lost revenue" actually come from remakes and compilations of these old games for the GBA/SP/what-have-you.

    2. Re:Really? by Apreche · · Score: 5, Interesting

      No, but you can buy a GBA, SP or DS and the re-released version of Super Mario Brothers. Duck Hunt however is another story.

      I always thought that Nintendo and other old game companies should just make an emulator, and give it away for free. Then sell ROM downloads for like 50 cents each. They would make a killing and their claims against pirates like these would actually have some more meaning. This is yet anothe reason we need IP reform. If you aren't currently making money from that IP you shouldn't be able to claim damages if someone else does. That will provide the most benefit to society by legally providing a supply of goods which are in demand. As it stands there is a demand for goods that IP holders refuse to produce, that is not good for people.

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    3. Re:Really? by Gothic_Walrus · · Score: 4, Insightful
      For the record, there's an even better version of Super Mario Brothers for the Game Boy Color. Screen ratio is a bit off, but it came loaded with extras, including The Lost Levels.

      Since everyone else has mentioned the GBA port, I just thought I'd point out that there's another way to get it too, even though it's not in production anymore.

      Come to think of it, there's Super Mario Brothers All-Stars for the SNES, and that includes SMB as well.

      And if I'm not mistaken, there's a version of it in Animal Crossing for the GameCube.

      The point that I wasn't planning on making when I started this post: Nintendo is still making money off of the game, by rereleasing it on occasion. If someone has a pirated copy and doesn't buy a rerelease because of that, Nintendo has lost revenue.

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    4. Re:Really? by Meagermanx · · Score: 4, Funny

      *Deletes NES rom collection*

    5. Re:Really? by Waffle+Iron · · Score: 5, Informative
      Copyright exists to protect the rights of the individual.

      False:

      The Congress shall have Power ... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries
      The US Constitution specifically states that copyrights are to promote progress; it does not mention any protecting any rights of individuals. In fact, it is explaining why it is allowing congress to take away rights that individuals would otherwise have over their own physical property just because it happens to have information fixed on it that came from somewhere else.

      Any rights that copyright gives to the creator at the expense of others is a windfall side-effect for the creator. The primary goal as stated in the clause is basically economic stimulus. These rights are a means to an end, not an end in themselves.

      Just because you state something does not make it true or even a valid argument.

      True, as you've just demonstrated.

    6. Re:Really? by Alsee · · Score: 4, Informative

      Great post. I just wanted to help out with a couple of Supreme Court rulings on the subject:

      Fogerty v. Fantasy, Inc., 510 U.S. 517 (1994)
      We have often recognized the monopoly privileges [of copyright] that Congress has authorized, while 'intended to motivate the creative activity of authors and inventors by the provision of a special reward,' are limited in nature and must ultimately serve the public good.

      Twentieth Century Music Corp. v. Aiken, 422 U.S. 151, 156 (1975)
      The limited scope of the copyright holder's statutory monopoly . . . reflects a balance of competing claims upon the public interest: Creative work is to be encouraged and rewarded, but private motivation must ultimately serve the cause of promoting broad public availability of literature, music, and the other arts. The immediate effect of our copyright law is to secure a fair return for an 'author's' creative labor. But the ultimate aim is, by this incentive, to stimulate artistic creativity for the general public good.

      Feist Publications, Inc. v. Rural Telephone Service Co., 499 U.S. 340 (1991)
      The primary objective of copyright is not to reward the labor of authors, but '[t]o promote the Progress of Science and useful Arts.' To this end, copyright assures authors the right to their original expression, encourages others to build freely upon the ideas and information conveyed by a work.

      Fox Film Corp. v. Doyal, 286 U.S. 123, 127
      The sole interest of the United States and the primary object in conferring the monopoly,' this Court has said, `lie in the general benefits derived by the public from the labors of authors.'

      and I really like this item...
      H. R. Rep. No. 2222, 60th Cong., 2d Sess., 7 (1909)
      The enactment of copyright legislation by Congress under the terms of the Constitution is not based upon any natural right that the author has in his writings, . . . but upon the ground that the welfare of the public will be served and progress of science and useful arts will be promoted by securing to authors for limited periods the exclusive rights to their writings. . . .
      In enacting a copyright law Congress must consider . . . two questions: First, how much will the legislation stimulate the producer and so benefit the public; and, second, how much will the monopoly granted be detrimental to the public? The granting of such exclusive rights, under the proper terms and conditions, confers a benefit upon the public that outweighs the evils of the temporary monopoly.


      All putting copyright on a proper legal footing and thoroughly smashing the flawed 'natural property' model.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  2. How do they calculate? by jsimon12 · · Score: 4, Insightful

    How do they figure out how much selling games that aren't sold any more is costing companies? If Nintendo was still selling say "Solar Jetman" or "Duckhunt" for the NES then I would understand it could cut into their bottom line. But seeing as they don't how is this calculated?

  3. Crappy consoles. by Pentomino · · Score: 5, Interesting

    I think the biggest impact these consoles are having is not in revenue, but in brand damage, as is the case with most counterfeit products.

    The games are all there, but often the titles or copyright notices are removed, or the graphics are askew, the little built-in light gun doesn't work, or the sound is off for some reason. The controllers are badly designed, such that you don't know which button is Start, which is Jump, and what the deal is with the turbo buttons.

    I do think Nintendo is missing the opportunity to sell consoles like this themselves. But it seems they'd rather sell us old NES games for $20 each on the Game Boy Advance.

  4. The tragedy of copyright by QuantumG · · Score: 4, Insightful

    If you had to pay a yearly fee to maintain your copyright this kind of crap wouldn't happen. As soon as a game/book/movie/whatever is no longer being sold it should pass into the public domain. Not that the public domain will exist in 5 years.

    --
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    1. Re:The tragedy of copyright by QuantumG · · Score: 4, Insightful

      Worse yet is the fact that there's no registration of copyright works, so if you find some old game that you think is great and would like to distribute it you have no idea who you have to contact to get permission. I recently ran into this problem with a game called Flashback. There's an interesting open source project which can read the original content of this game and present it on Windows/Linux/Mac etc instead of just DOS (and I think some old consoles too). This was a game I played when I was a kid and really enjoyed and I think the casual game players of today would like to play it too. Unfortunately the company that wrote the game is no longer around and I have no idea how to track down who actually owns the copyright. Of course, there is one way: I could just distribute the game and wait for them to sue me. But by then asking for permission would be a bit too late.

      --
      How we know is more important than what we know.
  5. Not obsolete... by nuxx · · Score: 5, Interesting

    They obviously aren't obsolete if they are still selling.

    And also, these are the crappy 1000-in-1 games-in-a-controller things for sale at malls. The problem isn't so much that they cause Nintendo to lose money, but instead diminish Nintendo's brand.

    See, many of the games in these systems are literally hacked ROMs with various sprites replaced, and often the ROMs don't work and simply crash. Since the consumer thinks "this Nintendo sucks", they are less likely to buy a Nintendo product down the line, thinking it'll be similarly crappy.

    Not to mention that the consumer got ripped off in the first place, as these systems tend to be sold for US$60 or so in mall kiosks and are of absolutely piss poor quality which would likely break under moderate use.

  6. Arrrr !! by AtariAmarok · · Score: 4, Funny
    "our beloved Homeland Security leaders bring us ... NES pirates."

    Arrrr! They be only 9 pixels wide, and be made of 3 colors, but arrr, these NES buccaneers have me shaking in me sea-boots!

    --
    Don't blame Durga. I voted for Centauri.
  7. A few points in Nintendos favor by LordZardoz · · Score: 4, Insightful

    1) Nintendo has on occasion re-released old NES games for new platforms, so they are still able to make money off of those titles.

    2) Many 8-bit games have new incarnations, and as far as I know, its a good idea to control the IP in all its incarnations if you dont wish to lose that control.

    3) This is about as blatant a case of piracy as one can name. It was both wholesale and flagrant. And Nintendo went after the source, not the customer.

    This is not anything like the RIAA / MPAA suing individual users.

    END COMMUNICATION

  8. Official theft vs copyright infringement thread by Anonymous Coward · · Score: 4, Informative

    Four people were arrested in the crackdown on the theft of popular games

    How many times does it have to be explained that copyright infringement is a different offence to theft?

    If somebody put a game up on the Internet where it was downloaded thousands of times, that can cause far more harm than if somebody went into a shop and stole something.

    If somebody copied games that you can no longer buy, it can cause less harm than if somebody went into a shop and stole something.

    Copyright infringement and theft are fundamentally different actions, with different consequences, governed by different laws. Even the Supreme Court has ruled that copyright infringement is not theft (Dowling vs US, 1985).

    There is a perfectly good term to use when somebody copies something illegally. It's "copyright infringement". People who insist upon misusing the term "theft" are only seeking to cause yet more pointless arguments. There is a word for these people too. It's "troll".

  9. Hold the fucking phone... by PedanticSpellingTrol · · Score: 4, Interesting
    I'm a bit confused here.

    Back in november, when Nintendo asked for your help in tracking down these "N64 controllers" full of hacked roms, everyone thought it was great, lined up at their e-door to help

    Now when they've finally raided the warehouse and put a stop to it, there's nothing but "bitch bitch bitch copyright is teh suck".

    Fuck you guys, I'm going home.

  10. Wtf? It's supposed to be legal... by Southpaw018 · · Score: 4, Interesting

    An anticircumvention ruling was issued by the Librarian of Congress on 10/28/2003. It protects - for the time being - sites such as ours at videogamemaps.net (my url). The pertinent clause:

    (3) Computer programs and video games distributed in formats that have become obsolete and which require the original media or hardware as a condition of access. A format shall be considered obsolete if the machine or system necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace.

    Sounds like the FBI straight out fucked up to me.
    http://www.copyright.gov/1201/

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