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Nintendo Upset Over Nokia Game Emulation Video
An anonymous reader writes "Nintendo is investigating potential copyright infringement by Nokia during some video demos of their N900 phone, which can be seen emulating Nintendo games. Nintendo spokesman Robert Saunders says: 'We take rigorous steps to protect our IP and our legal team will examine this to determine if any infringement has taken place.' In the video, Nokia says, 'Most publishers allow individual title usage, provided that the user is in possession of the original title.'"
It's worth pointing out that Nintendo merely wants to find out if infringement occurred - they're almost certainly as aware as every other game company that emulation is legal. It's quite possible, however, that there was indeed some copyright infringement, such as in acquiring the game, and they want to be sure that their competitors are playing by the book.
This is reasonable, in my opinion.
Yeah but Nintendo chooses to ignore those because they are not from direct mobile competitors. If MS or Sony put up a Mario flash game on their site Nintendo would sue the shit out of them.
http://www.nintendo.com/corp/legal.jsp#roms
How Does Nintendo Feel About the Emergence of Video Game Emulators?
The introduction of emulators created to play illegally copied Nintendo software represents the greatest threat to date to the intellectual property rights of video game developers. As is the case with any business or industry, when its products become available for free, the revenue stream supporting that industry is threatened. Such emulators have the potential to significantly damage a worldwide entertainment software industry which generates over $15 billion annually, and tens of thousands of jobs.
What Does Nintendo Think of the Argument that Emulators are Actually Good for Nintendo Because it Promotes the Nintendo Brand to PC Users and Leads to More Sales?
Distribution of an emulator developed to play illegally copied Nintendo software hurts Nintendo's goodwill, the millions of dollars invested in research & development and marketing by Nintendo and its licensees. Substantial damages are caused to Nintendo and its licensees. It is irrelevant whether or not someone profits from the distribution of an emulator. The emulator promotes the play of illegal ROMs , NOT authentic games. Thus, not only does it not lead to more sales, it has the opposite effect and purpose.
How Come Nintendo Does Not Take Steps Towards Legitimizing Nintendo Emulators?
Emulators developed to play illegally copied Nintendo software promote piracy. That's like asking why doesn't Nintendo legitimize piracy. It doesn't make any business sense. It's that simple and not open to debate.
People Making Nintendo Emulators and Nintendo ROMs are Helping Publishers by Making Old Games Available that are No Longer Being Sold by the Copyright Owner. This Does Not Hurt Anyone and Allows Gamers to Play Old Favorites. What's the Problem?
The problem is that it's illegal. Copyrights and trademarks of games are corporate assets. If these vintage titles are available far and wide, it undermines the value of this intellectual property and adversely affects the right owner. In addition, the assumption that the games involved are vintage or nostalgia games is incorrect. Nintendo is famous for bringing back to life its popular characters for its newer systems, for example, Mario and Donkey Kong have enjoyed their adventures on all Nintendo platforms, going from coin-op machines to our latest hardware platforms. As a copyright owner, and creator of such famous characters, only Nintendo has the right to benefit from such valuable assets.
I checked the book for Mario Paint and the SNES Mario Kart; I didn't see anything obvious one way or the other on this topic. However, systems more recent than that (N64, gamecube and wii) definitely DO have something to say. It actually says the exact opposite of what you suggest:
"Copying of any Nintendo game is illegal and is strictly prohibited by domestic and international intellectual property laws. "Back-up" or "archival" copies are not authorized and are not necessary to protect your software. Violators will be prosecuted."
-Inside front cover of Smash Brothers: Brawl for wii.
They actually manage to make the message even more infuriating by telling outright lies. (Not necessary? Are they seriously implying that their disks can't ever be scratched by anything? Or that an N64 cart can't be killed by ESD?)
So, while they may have once been cool about it, at some point they decided that being jerks was the way to go. It's been this way since N64, so I'm sure the DS games say the same thing.
Note: I looked in the book for Mario Kart 64, and found this exact message there, too. It's possible that third party titles don't have a message this ridiculous. I remember it being in the gamecube manuals, too, but don't have one at hand to check for sure.
"Copying of any Nintendo game is illegal and is strictly prohibited by domestic and international intellectual property laws. "Back-up" or "archival" copies are not authorized and are not necessary to protect your software. Violators will be prosecuted." -Inside front cover of Smash Brothers: Brawl for wii.
I see the same notice in Super Star Wars for the SNES, and Pokemon Yellow manuals. It is older than N64 but I don't have a NES manual handy to see if it older than this.
Anything can be found funny, from a certain point of view.
Emulators developed to play illegally copied Nintendo software promote piracy. That's like asking why doesn't Nintendo legitimize piracy. It doesn't make any business sense. It's that simple and not open to debate.
They're right that it's not open to debate. Piracy is going to happen, and there's absolutely nothing Nintendo or anyone else can do about it. They can accept that, and find a way to profit from it, or turn away people who want to be paying customers.