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Lawsuit Threat Shuts Down ROM Downloads On Major Emulation Site 'EmuParadise' (arstechnica.com)

Following Nintendo's recent lawsuits against ROM sites LoveROMs and LoveRetro, a major ROM repository called EmuParadise announced it will preemptively cease providing downloadable versions of copyrighted classic games. While no lawsuits have been filed yet, the site's founder, MasJ, writes in an announcement post: "It's not worth it for us to risk potentially disastrous consequences. I cannot in good conscience risk the futures of our team members who have contributed to the site through the years. We run EmuParadise for the love of retro games and for you to be able to revisit those good times. Unfortunately, it's not possible right now to do so in a way that makes everyone happy and keeps us out of trouble." Ars Technica reports: EmuParadise will continue to operate as a repository for legal downloads of classic console emulators, as well as a database of information on thousands of classic games. "But you won't be able to get your games from here for now," as MasJ writes. Since founding EmuParadise in 2000, MasJ says EmuParadise has faced threatening letters, server shutdowns, and numerous DMCA takedown requests for individual games. Through it all, he says he was encouraged by "thousands of emails from people telling us how happy they've been to rediscover and even share their childhood with the next generations in their families."

43 of 79 comments (clear)

  1. Torrent by 110010001000 · · Score: 3, Informative

    Shirley there is a torrent that contains all the emulation files for these early consoles. It can't be that big.

    1. Re:Torrent by Anonymous Coward · · Score: 2

      I would think so. And don't call me Shirley.

    2. Re:Torrent by Anonymous Coward · · Score: 1

      You'd want a good well vetted digital signature to verify there.

    3. Re:Torrent by Trax3001BBS · · Score: 1

      Shirley there is a torrent that contains all the emulation files for these early consoles. It can't be that big.

      There was at web.archive.org can't find it at the moment, it's a 36 Gig download; and comes with MAME.

    4. Re:Torrent by Anonymous Coward · · Score: 1

      They absolutely exist. Pirates are fond of packaging the least adulterated roms together (eg nointro sets) and then they destroy the work done by including translated roms with crappy and broken patches pre-applied.

      At any rate yeah, anyone who is deep into console preservation has a sd-card based flash drive for each console and every game from every system and every version of the system on it already. Every SNES game for example can fit on a 16GB card, but if you want the MSU-custom patches you then need a 32GB card and can only have one or two of them on the card since the audio has to be non-compressed since they can't include a lossless decompression codec on the card otherwise it would increase the cost and latency of the audio and substantially increase the memory requirements.

    5. Re:Torrent by Trax3001BBS · · Score: 1

      Shirley there is a torrent that contains all the emulation files for these early consoles. It can't be that big.

      There was at web.archive.org can't find it at the moment, it's a 36 Gig download; and comes with MAME.

      Found it. Remembered it was a /. article that led me there https://games.slashdot.org/sto...

    6. Re:Torrent by johnsnails · · Score: 1

      Thanks to the accompanying 47KB jpeg screenshot of each rom the torrent is twice the size it needs to be.

    7. Re: Torrent by Frankzy · · Score: 1

      Roger Rodger

    8. Re:Torrent by ArchieBunker · · Score: 3, Interesting

      I downloaded that giant torrent and even had to find a third party program to unzip the damn thing. The one built into Windows would have taken days. The Stupid part is MAME never had long filename support so you have 50,000 roms all in 8.3 file format. You'll never know what any of them are without a GUI front end.

      --
      Only the State obtains its revenue by coercion. - Murray Rothbard
  2. Figures! by lennier1 · · Score: 1

    As long as IP lawyers can bill hours they'll happily continue to play whack-a-mole.

    1. Re:Figures! by dcollins117 · · Score: 1

      Two can play that game. Whatever. The files are available elsewhere. They want to waste thier time so be it.

  3. Oh look, copyright holding culture hostage ... by UnknownSoldier · · Score: 5, Insightful

    Many of these ROMs are no longer even sold -- the original developer and publisher are LONG gone from the market.

    This is a classic case of copyright holding culture hostage due to greed.

    The fact that people WANT to download these old ROMs shows there is a demand, even if minor. The _financial_ value is INDEPENDENT of this.

    Can we stop trying to make everything about money and just let people enjoy the classics already instead of copyright holding every fucking thing of culture hostage?

    No one gives a fuck if some kid downloads a game that has been out of print for 20+ years except parasites, aka, lawyers.

    1. Re:Oh look, copyright holding culture hostage ... by tepples · · Score: 3, Interesting

      Can we stop trying to make everything about money and just let people enjoy the classics already instead of copyright holding every fucking thing of culture hostage?

      Apparently not. There are plenty of ways a government could fix this, but there isn't enough interest among voters to make this a ballot-deciding issue.

      I've seen a few proposals that wouldn't appear to facially violate the Berne Convention's prohibition of formalities:

      Property taxation People who refer to copyrights as "intellectual property" would love this: Starting 28 years after first publication, require each owner of copyright in any published work that is not available under a free or reasonable uniform-royalty nonexclusive license to pay a recurring tax. This tax would fund libraries. Infringement of copyright in a work with substantially delinquent "intellectual property tax" is forgivable, as bringing suit for infringement would amount to confessing to tax evasion. Eminent domain The government assesses the fair market value of a published work's copyright, and if citizens pay this amount to the government, the government acquires a nonexclusive license to the work under a compulsory purchase. Combining the two The copyright owner assesses the value of a published work's copyright and periodically pays a percentage of this as tax. A copyright owner has an incentive to value its copyrights accurately: not too high in order to decrease tax liability but not too low in order to keep the work from entering the publ^W eminent domain.
    2. Re:Oh look, copyright holding culture hostage ... by mentil · · Score: 1

      I've seen a few proposals that wouldn't appear to facially violate the Berne Convention's prohibition of formalities:

      Perhaps we should ask ourselves if the Berne Convention DESERVES to be facially violated.

      --
      Corruption is convincing someone that the selfless ideal is the same as their selfish ideal.
    3. Re:Oh look, copyright holding culture hostage ... by Stormwatch · · Score: 5, Informative

      Wrong. By default, every creative work belongs to all people, to be freely copied and redistributed. "Intellectual property" is a temporary privilege granted under the notion that it would lead to the production of more works that would eventually return to the public domain. But if the premise is incorrect, and intellectual property does not contribute to the public domain, it has failed its sole purpose and must be outright abolished.

    4. Re:Oh look, copyright holding culture hostage ... by Bert64 · · Score: 2

      Exactly this.
      With copyright terms so long, we will all be long dead before anything we remember falls into the public domain. It's also likely that no readable copies will even exist by the time copyright expires.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    5. Re:Oh look, copyright holding culture hostage ... by Khyber · · Score: 1

      "No, this is the law."

      You know what else is the law? Nintendo not having the rights to many of these games any longer (since they were made by 3rd parties like Broderbund, Origin, or Sierra, etc., not directly by Nintendo themselves) so many of their copyright claims are actually false, A.K.A. perjury!

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    6. Re:Oh look, copyright holding culture hostage ... by Anonymous Coward · · Score: 1

      No, this is the law.

      The validity of the law is questionable.

      Typically you grandfather in events happening before the law was written to avoid making people who were following the law criminals.
      An example would be seat belts in cars.
      When seat belts were made mandatory you couldn't just force everyone to just buy a new car. Old cars without seat belts got to follow the laws that were in place when they were made.

      The same should have been done with copyright. When it was extended all works written before the extension should have followed the previous duration.
      They were written with the assumption of copyright ending in a reasonable time and the extensions shouldn't apply to them.
      A theoretical scenario could have been someone planning for a work of music to go into public domain, hiring an orchestra to make a new adaption of it, print records and then be screwed over when the law was changed.

    7. Re:Oh look, copyright holding culture hostage ... by Anonymous Coward · · Score: 1

      Honestly, I think the quickest, easiest, and fairest fix would be that if a company doesn't allow an IP or product to be commercially available at a fair price for 10 years, then it automatically becomes public domain.

      That would make countless classics, things like Desert Strike for example public domain, and given EA isn't doing anything with that IP and that product then it's a completely fair thing to do. They can't claim lost revenue if that law is enacted because they're refusing to make money on it in the first place.

    8. Re:Oh look, copyright holding culture hostage ... by AmiMoJo · · Score: 2

      It's interesting that people are still buying the NES Classic and SNES Classic, even though they could download these ROMs for free. Seems that people are willing to pay for convenience and things like proper controllers and playing on their TV.

      I'm sure a copyright lawyer would claim that Nintendo lost billions to ROM piracy anyway, but as ever the real solution is to provide a legal, affordable alternative. And to be fair to Nintendo, they have been pretty good about getting even obscure games on to their virtual console.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    9. Re:Oh look, copyright holding culture hostage ... by Daralantan · · Score: 1

      It'd be great if they'd just make everything available for download. In my stupid naivety, when they first announced Virtual Console, I had dreams of buying the Wii and immediately downloading old favorites like Chrono Trigger, Secret of Mana, etc on day one.

      I understand in some cases it's weird stuff about old publishers and copyright holders and etc that don't exist, so they can't get permission... but that doesn't change the fact that they drip fed stuff for years and then did the same (with even less) on the next console. I feel like if you can't figure out who owns something 20-30 years old and no one is claiming it... You should be able to offer it somehow, even if at a lower price so as to only pay for the effort it took to make it available, etc. I can see how sales people would hate that idea though. Still sucks.

    10. Re:Oh look, copyright holding culture hostage ... by iampiti · · Score: 1

      I guess the lawsuits to the ROM sites come from the companies that hold the rights to some of those games. If that's so, you could provide the unclaimed games for download although I guess no one could guarantee that some day some company wouldn't show up demanding those games be removed

    11. Re:Oh look, copyright holding culture hostage ... by Anonymous Coward · · Score: 1

      This requires a government of the people, for the people, by the people...This has never really existed in the Orient, or Asia, or Middle East...pretty much dead in the EU and dying in the US.

    12. Re:Oh look, copyright holding culture hostage ... by dgatwood · · Score: 1

      Abandonware was that, abandoned software. Now that it's not abandoned anymore, time to move on.

      No, they're still abandoned. Just as a mother screaming "Don't you touch my child" from a thousand miles away when she hears a bear over a cell phone does not qualify as protection, neither does sending out C&Ds for copying a game that is unavailable commercially qualify as proof of non-abandonment.

      I fully agree with the folks who say that there should be a maximum rest period for copyrighted works. If companies want to put something temporarily on hold to allow for demand to build up enough to re-release it, that's one thing, but putting distribution on hold indefinitely is quite another, and runs almost directly contrary to the copyright act's stated purpose of encouraging the creation of new works. If a work has been off the market for ten years, it should automatically be ceded to the public domain.

      So no, don't move on. Write your congresspeople. Tell them that you think the copyright act needs to be amended to make redistribution of long-term-unavailable works per se legal. Tell them that statutory limits on how long a rights owner can prevent a work from being available on the market can result in opportunities for new businesses to form and make money off of rights that otherwise presumptively will never again be exercised in any meaningful way. Tell them that these limits contribute to the ability of others to create derivative works that can actually create long-term benefits for the original rightsholder. And tell them that allowing a company to simply bury a work and prevent any new people from ever being able to see it through abusing copyright is just plain dumb.

      If enough people do that, we might just make something happen.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    13. Re:Oh look, copyright holding culture hostage ... by pezezin · · Score: 1

      There is a PS3 emulator that is getting very good results: https://rpcs3.net/

      Ni no Kuni is currently listed as "ingame", but not fully playable. Give it time and it will be.

    14. Re:Oh look, copyright holding culture hostage ... by farble1670 · · Score: 1

      Many of these ROMs are no longer even sold -- the original developer and publisher are LONG gone from the market.

      Anything released on Nintendo is licensed through Nintendo. They have a financial stake in every (official) ROM released for their platforms.

      And if the ROM sites weren't hosting any Nintendo games we wouldn't be talking here.

      The fact that people WANT to download these old ROMs shows there is a demand

      Your desire for a product doesn't obligate someone to sell it to you. We are talking about video games here. Not water, or health care, or electricity. Check yourself.

      No one gives a fuck if some kid downloads a game that has been out of print for 20+ years except parasites, aka, lawyers.

      You sure? Seems like Nintendo does. Yes, they use lawyers because you know, these are ultimately legal actions. I know we'd all be happier if they hired armed mercs to firebomb the data centers.

      All Nintendo has is its IP. That's it. Of course they are going to use every tool they have to protect it.

    15. Re:Oh look, copyright holding culture hostage ... by Agripa · · Score: 1

      There are plenty of ways a government could fix this, but there isn't enough interest among voters to make this a ballot-deciding issue.

      Voters have a dilute interest. Even understanding the issue costs more to an individual voter than any benefit leading to rational ignorance.

      Special interests (like Disney) have a concentrated interest so they are acutely aware of the issue and invest overwhelmingly to control the politics.

  4. See cat, see bag by Neo-Rio-101 · · Score: 3, Informative

    See cat. See bag.
    Notice how the cat is no longer in the bag.

    In any case, I know there are private trackers out there for old games for emulators that have pretty much everything. They keep a very low profile because they follow the first rule of fight club.

    Besides, most of this content is now floating about on thousands of pirate retropie boxes being flogged off on ebay

    --
    READY.
    PRINT ""+-0
    1. Re:See cat, see bag by Aighearach · · Score: 1

      I grew up with cats, and if you can't get the cat back in the bag it is usually because you're holding it wrong.

    2. Re:See cat, see bag by dgatwood · · Score: 1

      I grew up with cats, and if you can't get the cat back in the bag it is usually because you're holding it wrong.

      If you're holding either one, you're doing it wrong. Step 1: Place the bag in such a way that the bottom lies flat, with the sides piled up around it. Step 2: Wait for the cat to think that it is a box and squeeze between the vertical walls. Step 3: Raise the sides of the bag in a quick vertical motion.

      If this does not work, try putting a small amount of cat food on the bottom of the bag.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    3. Re:See cat, see bag by Aighearach · · Score: 1

      Not only can the cat and bag each be held wrong, even the idea can be held wrong!

  5. Gimme a break by Kyudosha · · Score: 1

    Screw Nintendo. They are ridiculously over-litigious. Come on, most of these games are forgotten and/or completely inaccessible otherwise. And if they honestly want us to believe that the emulation community is a threat to their hardware lock-in, walled-garden money machine, they're completely insane.

    --
    ç
    1. Re:Gimme a break by ausekilis · · Score: 1

      Nintendo has long had a stance about protecting it's own IP. That's part of why they had the "Officially Licensed by Nintendo" on their NES cartridges - complete with the locking chip. They bought the rights to the two adult film parodies of the Super Mario Bros so the films wouldn't be distributed. They issued a DMCA take-down to the developer of AM2R just prior to their release of Metroid: Samus Returns.

      Sony, Sega and Microsoft have all used similar tactics to try to keep their IP within their walls. The only argument I have with them being ham-handed with the NES/SNES/N64 romsets is *it's not all theirs*. Nintendo *shouldn't* have any right to cease distribution of an NES Rom of Castlevania - that's Konami's job.

      On the flip side, Digital music distribution has shown that if you make it easier for the public to get what they want, piracy becomes a (mostly) non-issue. If Nintendo had followed in the footsteps of iTunes and released the entire NES/SNES/N64 library via virtual console and made it crazy cheap and simple to get classic games I'm sure we wouldn't be seeing this nonsense. Instead they did away with the VC and it's stupid "nintendo points" currency.

  6. TRIPS: Copyright holds commerce hostage by tepples · · Score: 4, Informative

    To leave the Berne Convention, a country must first leave the World Trade Organization because the TRIPS agreement includes the terms of the Berne Convention. That would likely cause other countries to increase tariffs on that country's exports. Copyright thus holds not only culture but also commerce hostage.

  7. Nintendo have been selling pirated roms anyway by Anonymous Coward · · Score: 1

    https://www.eurogamer.net/amp/2017-01-18-did-nintendo-download-a-mario-rom-and-sell-it-back-to-us

    If you download the Wii version of Super Mario Bros. using the Virtual Console, there's evidence to suggest Nintendo might have actually repurposed an illegally-copied ROM and then sold it back to us. Surely that can't be the case. Right?

    Join me in the video below as we take a look for ourselves.

  8. Warped world view by DrYak · · Score: 1

    Yes, but in Nintendo's warped world view, when they do it, it's okay.
    It's not pirated nor illegal.

    It seems that in their world view, the only thing that matter is who is the owner of the IP rights.
    - They own the IP rights on the Mario game, they can do whatever pleases them with the ROM of the cartridges, even fetching dumps online.
    (Okay, that you can concede to them).
    - You don't own the IP rights. So even if you own an actual NES console that you legally paid for, and own a cartridge of Maria that you legally paid for, you're not allowed to use the same bits that exist on the ROM on your PC to play a game that you already legally paid for.
    (Which is what nearly everyone will find discusting in their behaviour).

    But given the world view that they seem to have, for Nintendo to have downloaded one of these "Illegal ROM dumps" from the internet isn't incoherent.

    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
    1. Re:Warped world view by farble1670 · · Score: 1

      It seems that in their world view, the only thing that matter is who is the owner of the IP rights.

      It's not their world view, it's the law. Nintendo doesn't own some global blackops that flys around the world on an SR-71 bombing data centers that host ROMs. They go through the courts in a variety of regions.

      You don't own the IP rights. So even if you own an actual NES console that you legally paid for, and own a cartridge of Maria that you legally paid for, you're not allowed to use the same bits that exist on the ROM on your PC to play a game that you already legally paid for.

      Can we not play stupid here. Almost everyone that downloads ROMs from these sites never paid for them. Fine, make your argument why that's okay, and how copyright laws are unfair, and so on. But don't build your argument through a ridiculous supposition we all know is invalid. That doesn't work in a conversation with your friend and it certainly doesn't work in a court of law.

      Regardless, what has a site that hosts tens of thousands of ROMs got to do with your right to own a copy of ROMs for which you paid? They aren't coming after you. I'm fairly certain if you backup your bought and paid for ROM no one is going knock down your door and arrest you.

  9. So stop buying Nintendo and make our own by Anonymous Coward · · Score: 1

    There a many more talented developers and designers out there then Nintendo has on payroll, many of whom dabble in game development. Just look at the sheer number of Minecraft clone projects people start. Most never finish but it shows they have the basics of graphics programming down.

    So instead of copying a ROM let's just copy the idea of the ROM. Create new games that play like Mario or Donkey Kong but don't use the copyrighted (copywritten?) characters. Let's build an "app store" for old 8 & 16 bit style games that aren't custom written.

    And if Nintendo or some other company tries to say their "idea" was stolen, simply point to Facebook and FarmVille that was copied.

    Instead of kickstarter campaigns for the next big MMO that never gets delivered, how about one that compensates developers for delivering simple bit graphics games like these?

  10. Not quite by DrYak · · Score: 2

    Depending on your jurisdiction, using a *downloaded* ROM dump, to play on you computer a game that you legally bought from a system that you legally own too, CAN BE ACCEPTABLE according to local copyright law.

    You paid the game, you paid the system, you should be able to do what you want to do with them (<- in most jurisdictions. You paid it you own it)
    And it should be acceptable for you to take the internet download short-cut instead of going through the technical hassle of dumping your own ROM chips your self ( <- acceptable in several jurisdiction, most often those that have a compensatory tax for private use on blank media. France being a court-tested example)

    But Nintendo's point of view seems to be against the above two.

    To keep with your metaphor it's the difference that is between a copyright license, that give authorisation ("license") to make and distribute (non-personnal) copies, and EULAs that would like to set what you are allowed to do or not with something that you bought and thus should own.

    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
  11. Nintendo is pissed... by Anonymous Coward · · Score: 1

    I'd bet that Nintendo's recent pissing fest isn't because they suddenly care about the value of these old ROMs, but because retropie boxes made a mockery out of their Classic Edition consoles by having more features (online connectivity, easy loading of additional roms, bluetooth support) for a lower price.

    1. Re:Nintendo is pissed... by Megane · · Score: 1

      ...and actually able to buy them...

      I remember how when they first came out they sold out quickly, and if you hadn't bought them right away, you were SOL.

      --
      #naabhaprzrag, #sverubfr-000, #agi-fcbafberq, negvpyr[pynff*=' negvpyr-ary-'] { qvfcynl: abar !vzcbegnag; }
  12. Nova the Squirrel on Itch by tepples · · Score: 1, Informative

    So instead of copying a ROM let's just copy the idea of the ROM. Create new games that play like Mario or Donkey Kong but don't use the copyrighted (copywritten?) characters. Let's build an "app store" for old 8 & 16 bit style games that aren't custom written.

    We already have one: Itch Direct. There's already a platformer inspired by Mario and Kirby titled Nova the Squirrel by Joshua Hoffman, distributed by its author as an NES ROM that runs in an emulator or on a PowerPak or EverDrive. If you like it, you may also like The Curse of Possum Hollow by Retrotainment Games (also on Steam) or Lizard by Brad Smith.

    And if Nintendo or some other company tries to say their "idea" was stolen, simply point to Facebook and FarmVille that was copied.

    Until the victim of this "copying" lawyers up in earnest. Then you get things like Tetris v. Xio (2012).

  13. I will never, ever, buy anything from Nintendo by Anonymous Coward · · Score: 1

    or any other evil corporation that profits from copyright corruption. It's a crime against the people and the public domain. The rich people are completely unethical and abusive.Their greed has turned this world into a cesspool.