Are these custom servers legal (Wiimmfi and another homebrew server can't remember the name)? Can someone tell me if they are or aren't and why? Thanks!
So an interesting note, reverse engineering does not violate any copyright laws. In fact it actually falls under "Fair Use." During a court case with Tengen, the judge actually decided that reverse engineering did not violate Nintendo's copyright and fell under Fair Use.Custom servers hit a legal grey area. They wouldn't have been able to create those servers without reverse engineering games that clearly forbid reverse engineering as part of their licensing agreement.
"Anything is legal when the cops aren't around"
Looking at copyright laws in the states, they really don't cover this kind of situation. Now it could be argued that it could violate the DMCA, but it's still a stretch.
So it's still mostly a grey area in the law.
So an interesting note, reverse engineering does not violate any copyright laws. In fact it actually falls under "Fair Use." During a court case with Tengen, the judge actually decided that reverse engineering did not violate Nintendo's copyright and fell under Fair Use.
So even though it violates their little EULA, it doesn't violate the law.
Look like I need to update my information on this one. The current DMCA is honestly all over the place and can be vaguely thrown at anything at this point. Even if it doesn't cover it, there's always some vague term in there that just happens to slightly cover it.I am not so familiar with the mechanics of the wii server stuff. There is a DMCA exemption for server authentication ( https://library.osu.edu/blogs/copyright/2015/12/30/new-dmca-exemptions/ , though I am not happy with their definition of abandonware) but most interpretations mean you can not redo a mmo ( http://www.wired.co.uk/article/dmca-game-preservation-exemptions-abandoned-games ) and it is aimed more at an always on/once every ? days/boots online authentication server being taken offline.
If it is like the DS one though then there should be no real copyrightable data being dealt with -- handshakes, maybe a lobby, a broadcast service and a high score table.
I don't think there are any wii games with LAN play (think mario kart double dash 8 player stuff, or most of the original xbox stuff, and I guess the DS with various measures of local play). Were there that and I am somehow still arguing in front of a judge I might say that there is LAN therefore online (which may use different code) could be an option, especially if the gameplay is similar, I don't know if I could argue splitscreen that easily.
That was many years ago though, pre DMCA which was aimed at clearing up things, even if it ultimately made things a shit show. Also that case was more an authentication/bypass of protections issue and not this.
Back to the matter then yeah they would probably have to prove loss. For a once free service they no longer provide, that costs them no bandwidth and even if it is full of trolls (some kind of it is a blight on our name ploy) anybody that uses it would have to first hack their system, then hack the game and ultimately be said to know it is not official.
So yeah as was mentioned if you are a letter and spirit of the law in every situation type you have found the wrong website, good luck in life. If you are worried about a 6am raid then don't be, hell if I was the one that made it I would probably talk about it in a job interview for Nintendo of America or Europe (probably not Japan, though that was supposedly how Rare got in with them).
Add to that the fact that a lot of EULAs tend to get disregarded completely once something actually goes to court, given how much bullshit companies tend to put in them."Anything is legal when the cops aren't around"
Looking at copyright laws in the states, they really don't cover this kind of situation. Now it could be argued that it could violate the DMCA, but it's still a stretch.
So it's still mostly a grey area in the law.
So an interesting note, reverse engineering does not violate any copyright laws. In fact it actually falls under "Fair Use." During a court case with Tengen, the judge actually decided that reverse engineering did not violate Nintendo's copyright and fell under Fair Use.
So even though it violates their little EULA, it doesn't violate the law.
As part of the DMCA then if you are in US you are not allowed to circumvent copy protection, similar laws may apply in other countries. Copying games may be considered circumventing copy protection in certain circumstances.Wait so is game dumping considered illegal or is this a weird "undecided thing"?
Lol, well I personally don't see too much of a problem with it. I purchased the game, I'm not pirating them.
First, I didn't any reverse engineering of any games. The server is based on watching the simple network protocol of MKWii. Second, in Europe it is legal to reverse engineer discontinued services. Third, Nintendo is not and was never owner of the Gamespy services or protocols. Forth, never agreed any license agreement with Nintendo. EULA's are not valid in Europe, because it must be signed before buying a game.Custom servers hit a legal grey area. They wouldn't have been able to create those servers without reverse engineering games that clearly forbid reverse engineering as part of their licensing agreement.