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The Reality of Patent Expirations for the NES
Tashimojo writes "Gamasutra's running a feature entitled 'Nintendo Entertainment System -
Expired Patents Do Not Mean Expired Protection', an interesting read. From the article: 'This article originated when the Gamasutra editors noticed a number of online sources such as Wikipedia stating that it was now completely legal to make NES 'clone' consoles, because all of Nintendo's patents regarding the NES had expired. How true was this statement? We asked game IP lawyer S. Gregory Boyd the question: Are the NES patents expired? If so, is a company free to build and sell new NES-like systems?'"
The reason I come to slashdot is not for the fresh stories, it's for the comments. As much content as Digg has, the comment system is a joke, and the people on there are immature idiots with nothing relevant to say.
The patents on the physical, hardware components of the Nintendo may have expired, but the code programmed into the various ROM's both in the console and in games is protected by international copyright. Those copyrights won't expire within most of our lifetimes, so I think it's safe to say that the "true" NES is protected. Whether or not the hardware could successfully be reverse engineered to yield the secrets of the system's operation for later use with completely new software remains to be seen. Still, though, if any of the original NES's code were reused or even used as an example for a new OS for the NES, Nintendo would have a good argument against whoever was duplicating their systems with regard to copyright rules.
Well, no. But you COULD play your legally purchased Nintendo cartriges on a no name clone of the Nintendo console, provided that the console did not call itself a "Nintendo", "Nintendo clone", "NES", or "NES clone". The terms "Nintendo", "Nintendo Entertainment System", and "NES" are trademarked. Nintendo could potentially sue over the use of these terms. But the hardware itself is generic.
I've seen the Polystation and similar systems pictured in TFA at one of the souvenir shops at Penn Station in New York, as well as in some of the electronics shops on 8th avenue. For about $50 bucks you get about 100 games built in, so it's a good deal. A friend of mine has an NES clone built into a clone of an N64 controller that outputs to the TV...it also includes an extra controller and light gun that plugs into the main controller, along with 100 or so games. For $35, I bought a Yobo NES clone at the local flea market. You can get the Japanese version from Lik-Sang for USD60. No built-in games, but I don't mind staying partially honest and picking up some old carts for $3-$5 a pop.
Of course, the best part about the NES knock-offs is the hilarious the packaging. "Best Quality" "Super Graphics" "Super 8-Bit Technology"...usually spelled wrong, and abound the box. One particular box had Spider-Man 2 promotional movie graphics and the device was labelled as Spider Game. Infringing upon Nintendo and Marvel IP...now that's some balls!
Bill Clinton: Pimp we can believe in. - The Shirt!!!
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