Super Mario Bros. 3 Confirmed for Japan 3DS eShop!

Discussion in '3DS - Games & Content' started by Rizsparky, Dec 26, 2012.

Dec 26, 2012
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    Sychophantom I'm a plant.

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    That's what most believe the Fair Use laws are. I asked if anyone can quote the original law.

    Under United States law, obtaining a dumped copy of the original machine's BIOS is legal under the ruling Lewis Galoob Toys, Inc. v. Nintendo of America, Inc., 964 F.2d 965 (9th Cir. 1992) as fair use as long as the user obtained a legally purchased copy of the machine. This has not included games, and I haven't been able to find a specific law or case that deals with it. It's a legal grey area.

    By the way, the case I mentioned has to do with the Game Genie and has little to do with emulation, but it does talk about dumping game system bios files, and could technically be interpreted to refer to games themselves.

    Here's the part that most forget/willfully ignore. Every time Nintendo, or any company really, re-release a game, they renew the copyright. While you may own that pristine copy of Master Chu and the Drunkard Hu (look it up) and dumped the rom yourself, the moment it hits the Virtual Console (and I'd shit if it ever did), that emulated copy is not legal anymore for that system. Fair Use doesn't cover that.

    In fact, aside from making a new cartridge and playing it on the system it was made for (and you used to copy that wonderful piece of...ahem, history), it was never legal to play on anything else.

    Fair use laws don't cover switching forms of media unless the original form is completely obsolete (like VHS or Betamax to DVD, and even then only home movies or items that never came out on DVD), and, if you dumped the game yourself, if obviously wasn't.

    Now, admittedly, the case can be made that the NES is indeed obsolete, but you see the confusion Fair Use can cause.


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    Sychophantom I'm a plant.

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    No, you can't. Or if you can, I haven't figured out how yet.
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    mariofanatic64 New Member since 2009

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    If I've got this right, it means that a dumped version of a game is legal to play (if you own the original game) as long as it's not available on the system you're emulating it on?

    So then playing Super Mario Bros. on an emulator with a flashcart that is inserted into a DS lite is legal, but using the same game, same emulator and on the same flashcart is illegal if you're using a 3DS, because it's available on VC?

    It's either that or I'm wrong, and that a dump can only legally be used on the system that it was originally intended for.
    Last edited by mariofanatic64, Jan 1, 2013
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    mariofanatic64 New Member since 2009

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    People seem to not know/have forgotten that X can be used instead of B in 3DS Virtual Console NES games. It works better, more like Y/B, but a little "higher up"
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    Sychophantom I'm a plant.

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    It's a grey area. The strict interpretation of Fair Use would be that using the rom on any system other than the original NES would be illegal. The case for the NES being obsolete, however, would make it illegal to play on the DS and DS Lite, but not on the DSi/DSI XL (Slot 2 on the DS/Lite can play GBA, of which there is a version of SMB available).

    Nintendo would argue that it is illegal across the board, since SMB is and continues to be sold in some form for every available currently produced system. They have more money and better lawyers than the average person can acquire. It's just not feasible to go after the average user.

    There was a case with someone not too long ago that the big N went after someone for selling pirated games, but that was for the Wii I believe, and not in the US. It's 5 am and I can't remember the specifics off-hand.
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    Tekken179 New Member

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    Wondering if this has been announced for a release on the EU eShop?

    On an added note is there anywhere that gives us information on upcoming updates, I had a site once but lost the URL a while ago it usually give us this week on eShop a day or two before hand.
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    Rizsparky Saiyan Prince

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    Nope, no western release date, I don't think we even have a SMB2 release date.. and I usually use Nintendolife.com it usually has UK eshop listings with prices and reviews (if they've been released in other regions)
    Last edited by Rizsparky, Jan 9, 2013
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    Hanafuda New Member

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    There's more money in selling each title separately. Nintendo will likely never re-release SMAllstars again, let alone the "+World" version. I was shocked they did it on Wii, but even there it wasn't until they'd gotten what they could out of the same titles on VC.
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    PROTOBOY New Member

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    Hey friends, my DSi XL it's american, can I nuy games of the Javpnese eshop???????
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    The_Hulkster New Member

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    Pics please.
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    Rizsparky Saiyan Prince

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    The DSi can't access the 3DS eShop
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    mechagouki Kill 'em all...

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    I bought this game at it\s original NES release, when it came out as part of All-Stars and when it was ported to GBA, Nintendo have made their money on these games, they should just give stuff like this away as loyalty prizes.
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    Tekken179 New Member

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    Do you mean the American version of SMB2? Or the Lost Levels? I have the Lost Levels, didn't realise SMB2 was even out?
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    Rizsparky Saiyan Prince

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    The non-lost levels version, (which was out in Japan a few months ago) Im pretty sure the EU eshop will release that before SMB3
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    Tekken179 New Member

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    Oh, wow! That was an American developed Mario released everywhere before Japan, about four years before Japan got it in fact! But we still don't have it on our eShop, HARSH!
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    Rizsparky Saiyan Prince

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    Indeed, this drip feeding deployment strategy that Nintendo loves to use is kinda messed up... Hopefully the hack will kick Nintendo into releasing more titles
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    Eerpow *swoosh*

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    Chillax, you can use the X/A combo in all new eShop NES games plus the updated Ambassador games, A/B was only when the NES games first debuted. Playing Super Mario Bros right now.
    Last edited by Eerpow, Jan 9, 2013
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    mariofanatic64 New Member since 2009

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    SMB2 will likely make it's way into Western eShops around March/April-ish, I'm guessing. Then SMB3 in June, maybe. That seems to be how long it takes Nintendo to release their NES games on the eShop outside Japan.

    I've noticed that Mario platformers tend to be the "Gateway" to a new Virtual Console system. It started with the Game Boy ones, then NES:

    VC Mario Release 1: Super Mario Land - Game Boy
    VC Mario Release 2: Super Mario Land 2: Six Golden Coins - Game Boy
    VC Mario Release 3: Super Mario Bros. - NES
    VC Mario Release 4: Super Mario Bros. 2 (The Lost Levels) - NES
    VC Mario Release 5: Super Mario Bros. 2 (USA) - NES
    VC Mario Release 6: Super Mario Bros. 3 - NES

    I'm hoping that by the time SMB3 makes it's way to Europe/The Americas, Nintendo will announce at E3 2013 that the eShop will be getting SNES VC games. The next logical step for VC Mario Release 7 is Super Mario World. Let's hope.
    Last edited by mariofanatic64, Jan 10, 2013
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    SKJmin Alpha And Omega

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    It will be the very same game as on Nintendo, not even the ALL-STARS/SMA4 version...

    Not to make any advertisement, but I made a full SMB3 remake for the NDS, just with the NSMB Engine!
    All levels got a new politure, brandnew sections and also 3 Star Coins in each course!

    Just watch yourself [Trailer of 1.0]:


    Present GBAtemp-Thread [3.0]:
    http://gbatemp.net/threads/demo-release-new-super-mario-bros-3-version-3-0-by-skjmin.339863/

    Main-Thread [V1.0], outdated an corrupt because of the forum change:
    http://gbatemp.net/threads/new-super-mario-bros-3-hack.226778/
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    PROTOBOY New Member

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    Thanks for help, I don't have a 3DS yet ;).

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