# Nintendo has reportedly gone after the Super Mario 64 PC port, making copyright claims over it



## Scarlet (May 8, 2020)

It's not like it really matters at this point. Once a finished project is out there, it'll always be there. 

Just a shame some of the incomplete fan projects announced their work too early and never saw a finished release.


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## 64bitmodels (May 8, 2020)

Yes because a project that has the potential to make a super mario 64 remake with new levels, graphics, and all the content from the ds version alongside the buttery smooth n64 movement should totally be removed. 
never change nintendo... or should i say nintendmca


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## Phenj (May 8, 2020)

30yo Nintendrones will defend this


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## Prans (May 8, 2020)




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## BvanBart (May 8, 2020)

Strange... Copyright is like for 20 years?


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## smf (May 8, 2020)

B4rtj4h said:


> Strange... Copyright is like for 20 years?



Who told you that?



64bitmodels said:


> Yes because a project that has the potential to make a super mario 64 remake with new levels, graphics, and all the content from the ds version alongside the buttery smooth n64 movement should totally be removed.
> never change nintendo... or should i say nintendmca



What do you expect? That they'll just bend over so you can insert yourself into them?


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## huma_dawii (May 8, 2020)

B4rtj4h said:


> Strange... Copyright is like for 20 years?



I think it's for 30 years but thats for music... Dont know if it  applies to other stuff


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## VinsCool (May 8, 2020)

Yup yup it's too late Nintendo.
The game is in the wild and so easy to find that it won't do anything.


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## ShadowOne333 (May 8, 2020)

Prans said:


> View attachment 208205​


And the fuckers have the fallacy to call themselves a "family-friendly" company.
They're nothing but greedy pieces of shit.


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## 64bitmodels (May 8, 2020)

VinsCool said:


> Yup yup it's too late Nintendo.
> The game is in the wild and so easy to find that it won't do anything.


I mean that's what they get for not putting virtual console on switch again... if you wont let us play your games we'll do it some other way- a way much less desirable to you


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## Olmectron (May 8, 2020)

B4rtj4h said:


> Strange... Copyright is like for 20 years?


Depends on the country. And whatnots. But nowadays it's the full life of the person who created the content + 70 years after their death.

https://www.copyright.gov/help/faq/faq-duration.html

Not sure how it works for companies. Maybe until the company actually dies + 70 years?


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## SkyDX (May 8, 2020)

I understand going after uploads of the compiled .exe, that's fair. But they can't do anything about the source-code right?


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## The Real Jdbye (May 8, 2020)

If I'm not mistaken, the port is completely legal if they don't include any assets but require you to provide them yourself, and don't use any Nintendo trademarks. That's how other open source game engines throughout the years have been released. Without any Nintendo names or assets, it's just a generic 3D platformer engine. Although it does look like the download that was released contains all the assets and such.


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## 64bitmodels (May 8, 2020)

SkyDX said:


> I understand going after uploads of the compiled .exe, that's fair. But they can't do anything about the source-code right?


I think they can tho- seeing how this is a 1:1 port of the n64 game all that code is theirs
so yeah unfortunately they can get rid of that too


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## SkyDX (May 8, 2020)

64bitmodels said:


> I think they can tho- seeing how this is a 1:1 port of the n64 game all that code is theirs
> so yeah unfortunately they can get rid of that too



That's not how it works from my understanding though, the code on Github is not theirs at all, it's a different source code.

What basically happened is this:

Nintendo's Code:

12 + 12 = 24 (Super Mario 64)

Github Code:

10 x 2 + 2 + 2 = 24 (Super Mario 64)

The compiled end result is the same but the code isn't that's why Nintendo can't do anything about it, that's how I understand it anyway.


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## osaka35 (May 8, 2020)

If you don't aggressively defend your copyright/trademark/etc, it can be held as evidence in court as to why you don't deserve it any more. Seriously, if you become too popular and don't defend it, then you could potentially lose it. It is a broken system, but whatcha gonna do.

That being said, it sucks. Especially fan projects that never get finished. All those chrono trigger fan projects that never finished because they announced wayyy too early. Sadness. But glad this one was done at least. And the switch one.


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## Tweaker_Modding (May 8, 2020)

i expected this to happen so i downloaded the mario 64 pc port as soon as it was made available for download


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## Axido (May 8, 2020)

ShadowOne333 said:


> And the fuckers have the fallacy to call themselves a "family-friendly" company.
> They're nothing but greedy pieces of shit.



Well, that would require that being family-friendly and being hard on copyright infringement couldn't be applying at the same time. However, I'm very positive the minority of hacks, ports and related things could be called "family efforts".

Not that I like Nintendos practices, but your reaction is nonsensical to say the least... and overly emotional for what the actual damage is. It'll lead to nothing more than the obvious C&D, while the port itself will roam the realms of the Internet until the end of time.


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## Pipistrele (May 8, 2020)

Prans said:


> View attachment 208205​


In all fairness, if Sega was even remotely as big as Nintendo is right now, they would probably adopt the same mentality too - Nintendo is overly protective of their franchises exactly because of massive amount of responsibiltiy in front of numerous shareholders, while Sega has much less at stake, hence more room to screw around with their IPs as a result.


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## 64bitmodels (May 8, 2020)

Pipistrele said:


> In all fairness, if Sega was nearly as big as Nintendo right now, they'll probably adopt the same mentality too - Nintendo is overly protective of their franchises exactly because of massive amount of responsibiltiy in front of numerous shareholders, while Sega has much less at stake, and more room to screw around with their IPs as a result.


Also, i know ive said this time and time again- but Nintendo already makes critically acclaimed games while Sega's just... mediocre.
They need fan projects to help keep interest in their franchises, and they need those same fans to help them make new games. (cough cough Sonic Mania cough cough) Nintendo on the other hand has much better games, so they are much more protective of their IPs and doesn't nessacarily need fans. not that i approve of what the latter does, A mario 64 port wouldve given us a goldmine of amazing stuff!!!


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## Enryx25 (May 8, 2020)

Prans said:


> View attachment 208205​


Fangames != A FUCKING PC PORT


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## 64bitmodels (May 8, 2020)

Enryx25 said:


> Fangames != A FUCKING PC PORT


doesnt help theyre still morally in the wrong


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## x65943 (May 8, 2020)

People are grabbing their pitchforks, but this is no different than sharing a rom. What did you expect?


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## spinal_cord (May 8, 2020)

64bitmodels said:


> doesn't help they're still morally in the wrong



Who? Nintendo? Not at all. Everyone is legally and especially morally entitled to defend the ownership of their own work.


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## Dartz150 (May 8, 2020)

It was going to happen anyway, is still their game lol. But as someone said earlier, I really doubt they can take action against the source code if the assets aren't icluded, which means that those could be re-made or taken from another project, or some sort of placehoders.


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## Deleted member 397813 (May 8, 2020)




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## TwistedZeon (May 8, 2020)

Wouldn't it just make sense to create a program that would allow the average user to compile the port on their own using the legally de-compiled source code plus a rom backup that one has made on their own? This way they can get around the legality of it all and then we'd all be able to openly continue to improve upon this pc port.


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## Lumstar (May 8, 2020)

64bitmodels said:


> doesnt help theyre still morally in the wrong



That isn't a valid argument here. The pre-compiled versions of the port contain the entire original game's textures, models, script, and audio.

Unlike a fan game, they're not being re-purposed in a different context.


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## Enryx25 (May 8, 2020)

TwistedZeon said:


> Wouldn't it just make sense to create a program that would allow the average user to compile the port on their own using the legally de-compiled source code plus a rom backup that one has made on their own? This way they can get around the legality of it all and then we'd all be able to openly continue to improve upon this pc port.


I mean that's exactly what happened but someone shared the full compiled game and Nintendo is after that, not the source code.


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## Alejandro_ (May 8, 2020)

Disappointed, but not surprised.


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## Goku1992A (May 8, 2020)

Nintendo should be working on making good games not trying to sue over a game that was made over 20 years ago..


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## TwistedZeon (May 8, 2020)

Enryx25 said:


> I mean that's exactly what happened but someone shared the full compiled game and Nintendo is after that, not the source code.


As far as I can see there is absolutely no publicly available tool that allows an average person to take the code and a rom and make the port themselves. It's _*Only *_the fully compiled port and the source code that's available.


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## Teletron1 (May 8, 2020)

I mean just change the Characters and Nintendo can’t bite you


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## Stealphie (May 8, 2020)

Chary said:


> View attachment 208203​
> As many expected, Nintendo is likely going after the recently released fanmade Super Mario 64 PC port. After gaining notoriety and popularity throughout the internet, certain YouTube videos and Reddit posts featuring gameplay recordings of the port have been copyright claimed. It appears that Wildwood Law Group LLC, a group that has previously assisted Nintendo in these matters, is responsible for going after the uploads of the game. Not only that, but TorrentFreak is also reporting that they got ahold of a complaint that Nintendo filed with Google, in regards to a Google Drive download link of the game, with the statement, "The copyrighted work is Nintendo's Super Mario 64 video game, including the audio-visual work, software, and fictional character depictions covered by U.S. Copyright Reg No. PA[REDACED]." Links containing a download to an .XCI Nintendo Switch port of the game also appear to have begun making the rounds as well. Seeing that the group behind the Super Mario 64 PC port uploaded the complete game online all at once, many users have probably already backed it up to a variety of sources.
> 
> Source


I mean, what were we expecting? It's Nintendo were talking about.
They should be more open to fan-games and stuff like that (like SEGA is)
But yeah, this is basically just an illegal Mario 64, so, ok i guess.


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## Tom Bombadildo (May 8, 2020)

Not really surprised, of course Nintendo is going to go after any project built off of any of the leaks, it's still copyrighted content, same as any ROM/ISO out there.

Not that it really matters anyways at this point, Nintendo took too long to respond to leaks and to take stuff like this down, it'll never go away now.


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## MSearles (May 8, 2020)

It took me all but two minutes to find this file available for download. Also, I had no idea it was ported to the Switch. Awesome!


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## Ericzander (May 8, 2020)

osaka35 said:


> If you don't aggressively defend your copyright, it can be held as evidence in court as to why you don't deserve it any more. Seriously, if you become too popular and don't defend it, then you lose it. Ot is a broken system, but watcha gonna do.


This. Thank you. Nintendo is doing the smart thing here. If you don't defend your copyright you're at risk of losing it. Disney does the same thing.

I also find it a little ironic that many of the people whining and screaming about how greedy Nintendo is being are also happy to pirate every game they can get ahold of.


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## Olmectron (May 8, 2020)

SkyDX said:


> That's not how it works from my understanding though, the code on Github is not theirs at all, it's a different source code.
> 
> What basically happened is this:
> 
> ...


How did they get the code? By reverse _engineering__? _Or was it leaked?

I'm not into the legal world, so I'm not so sure about this; but whatever the way it was gotten, even if it's not exactly the same code line by line, it was a byproduct gotten from the game released by Nintendo (Super Mario 64). So, they have the right to sue about it.


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## Zense (May 8, 2020)

Nintendo taking down youtube vids of their IP is old news. I'm still curious to see what happens after this, but as for now the decompiled sc is on github still.


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## AshuraZro (May 8, 2020)

Nintendo is totally in their right to pursue action on this project. This isn’t some side fan game, it is the original game ported with all materials included. What would be less actionable is if it was made where the original rom had to be provided by the user for the port to to extract or otherwise load assets from much like other source ports out there.

I still think it is a super cool project and release but no one should kid theirselves over this.


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## pustal (May 8, 2020)

B4rtj4h said:


> Strange... Copyright is like for 20 years?





huma_dawii said:


> I think it's for 30 years but thats for music... Dont know if it  applies to other stuff



In the US, "The 1998 Act extended these terms to life of the author plus 70 years and for works of corporate authorship to 120 years after creation or 95 years after publication, whichever end is earlier.". You can thank Disney for that. Most other countries is either life + 50 or life + 70 years.


I found in some sailoring website an .exe file with only 24~MB, can anyone confirm that's what this port should look like or if this seems rather a baity malware?


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## samcambolt270 (May 8, 2020)

osaka35 said:


> If you don't aggressively defend your copyright, it can be held as evidence in court as to why you don't deserve it any more. Seriously, if you become too popular and don't defend it, then you lose it. Ot is a broken system, but watcha gonna do.


This is not true. At all. You have to defend it, but you do not have to defend it "aggresively." Sega is not going to lose the rights to sonic for letting people make fan-games. It's as simple as saying "you can do that" and you're good. The problem with legal abandonment is "never" defending the game. Defend it once, any aspect of it, and you can let as many fan games exist as you want and be legally fine.


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## Plasmaster09 (May 8, 2020)

Prans said:


> View attachment 208205​


The difference is that Nintendo is capable of reliably making quality games without the aid of fans.


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## MetoMeto (May 8, 2020)

I honestly don't know why Nintendo botheres... _(its a rhetorical question)_


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## tabzer (May 8, 2020)

Olmectron said:


> Depends on the country. And whatnots. But nowadays it's the full life of the person who created the content + 70 years after their death.
> 
> https://www.copyright.gov/help/faq/faq-duration.html
> 
> Not sure how it works for companies. Maybe until the company actually dies + 70 years?



It's all because Disney wanted to keep Mickey Mouse IP that they went and lobbied to change the rules.


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## shango46 (May 8, 2020)

I have looked on Google and DuckDuckGo and I can only find articles about it, but not the actual game... I would love to add this to my collection of "Nintendo doesn't like this!" collection of fan made games, but Nintendo is apparently doing a good job taking it down.


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## CHEMI6DER (May 8, 2020)

Technically Ninty's not doing anything wrong here...they're hunting down the binaries (which do contain their IPs), while they can't do anything about the source code of the port (which technically does not have any of their IPs), so nothing's in danger with the port...if only people cared enough to distribute everything only through source code (without assets, obviously, just like the decomp project this is based on) this wouldn't even be a problem.
On the other hand, taking down YT videos is pretty assholistic of them, because the videos do not infringe on their rights. 
Heck, DMCA gives companies too much power over what they can do with anything that has any of their IPs mentioned in it. It's basically the same story as with Ninty taking down hacking related vids, which in no way infringe on their IP in any imaginable way...or how Apple files copyright claims on Hackintosh videos (yes, sure, the people who are making the video are breaking the EULA, but that still does not infringe on any copyright).


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## CTR640 (May 8, 2020)

huma_dawii said:


> I think it's for 30 years but thats for music... Dont know if it  applies to other stuff


I think music is 10 years, see GTA4. GTA San Andreas also had music cut out.

I'm not surprised Nintendo is going after copyright claims, it's Nintendo we're talking about. Too bad I'm probably too late to download it.


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## Olmectron (May 8, 2020)

tabzer said:


> It's all because Disney wanted to keep Mickey Mouse IP that they went and lobbied to change the rules.


Well, yeah, I know. I watched the same documentary about it some years ago.

Just informing the way it is now. And since 1978.

I was answering what someone said about it lasting only 20 years.


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## MetoMeto (May 8, 2020)

Prans said:


> View attachment 208205​


That's exactly what i was thinking.

Nintendo is like some old grandpa who is grumpy about everything all the time, and wont let kids have fun.
And SEGA is like a cool uncle, or supporting dad!


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## Olmectron (May 8, 2020)

MetoMeto said:


> That's exactly what i was thinking.
> 
> Nintendo is like some old grandpa who is grumpy about everything and wont let kids have fun.
> And sega is like a cool uncle, or supporting dad!


It makes sense. Given Sega is around 60 years old. And Nintendo, 130 years old.


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## CTR640 (May 8, 2020)

tabzer said:


> It's all because Disney wanted to keep Mickey Mouse IP that they went and lobbied to change the rules.


Yeah, I've read about. All because of the Micky mouse bs? And what if expired? Extend it?


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## Ericzander (May 8, 2020)

samcambolt270 said:


> Defend it once, any aspect of it, and you can let as many fan games exist as you want and be legally fine.


I'd like to see any case law to back that claim. It's bold to claim that defending any aspect of an IP one time is enough to protect your whole IP as you let anybody else do whatever they want with it.


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## MetoMeto (May 8, 2020)

Olmectron said:


> It makes sense. Given Sega is around 60 years old. And Nintendo, 130 years old.


See? It all makes perfect sense.


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## slimbizzy (May 8, 2020)

God dammit Nintendo.

Can you just Nintendon't?


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## raxadian (May 8, 2020)

This was expected, hope you guys had time to grab it.


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## slimbizzy (May 8, 2020)

raxadian said:


> This was expected, hope you guys had time to grab it.


Mind you, It really isn't that hard to get these things. Even AFTER bullshit like this.


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## CTR640 (May 8, 2020)

TomRannd said:


> Mind you, It really isn't that hard to get these things. Even AFTER bullshit like this.


MB or GB? I found one but that's 6MB. Not downloaded it.


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## samcambolt270 (May 8, 2020)

Ericzander said:


> I'd like to see any case law to back that claim.


I'd like to see *you* come up with one for yours! You can't claim some random bullshit is true with no evidence and then when it's pointed out that you're wrong, claim that theres no evidence disproving your bullshit! Find some existing cases where someone lost their ip due to letting a few people have fan games, or else shut your moth. Ip abandonment does not kick in unless you completely and literally do not ever defend your ip. You cannot argue that someone abandoned their ip and therefore you should be allowed to do whatever you want with it just because they said people can make free fan games on the internet. You cannot sell a sonic game on steam and then claim that sega "abandoned" their ip just because they let people make free fan games,  regardless of whether they defend themselves from free fangames or not. A copyright violation is copyright violation and they can and will still have the rights to that copyright regardless of whether they let you make fan games.


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## MetoMeto (May 8, 2020)

Let me tell you the truth. Copyright in general is a bullshit. Few years for some IP is ok to make money out of it, anything more than couple of years is a bullshit imo.

Let every company have the right to metroid after 10-20 years and lets see who will make better Metroid,Mario,Zelda and who has right to collect the money from their wonderfull creations! If it turns out that Nintendo makes best zelda, metroid and mario games than let them have the money...but to sue people because they wanna play ...video games....it sound ridiculous when i say the word "video games" like i said "lolly pop" but to sue people because they want to play certain video games (or eat lolly pop that is saying nintendo on it) is way beyond inhuman and nonsensical.

As i said, 10-20 years of owning the IP and that let it be public and lets see who will be best Metroid game creator! Little competition wouldnt be nice.

And besides, they did not released Metroid game in 15 years!!! and now they sue people for having desire to play their games??

Greedy bastards..and all companies that have right to IP for 1000 years.... AFTER they die!

They can buy 30 nintendo companie 10 times over and they go around suing common person, a hacker who want to share and play the little hairy dude with a mustache and red cap.

FUCK YOUUUU greedy bastards!!!!





P.S. I love you! don't be so mean. Learn from SEGA.


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## slimbizzy (May 8, 2020)

CTR640 said:


> MB or GB? I found one but that's 6MB. Not downloaded it.


I can't remember the one I found. I think I deleted it a while ago, too. Sorry man. 

My guess is that the game will have a larger file size than 6MB, but I have no clue. I downloaded the file from the official source and didn't think much of it.

Chances are, it might be that one. Try it. Keep an anti-virus software near though, I wouldn't worry too much anyways.


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## raxadian (May 8, 2020)

I didn't bother because my Nintendo 64 still works, so does my Nintendo DS.  

I wish they do fully decompile the code for Mario Kart 64 one of these days.


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## slimbizzy (May 8, 2020)

raxadian said:


> I didn't bother because my Nintendo 64 still works, so does my Nintendo DS.
> 
> I wish they do fully decompile the code for Mario Kart 64 one of these days.


Now, that would be something special. MK64 was a decent game, too.


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## Deleted User (May 8, 2020)

of f*** off nintendo


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## CTR640 (May 8, 2020)

TomRannd said:


> I can't remember the one I found. I think I deleted it a while ago, too. Sorry man.
> 
> My guess is that the game will have a larger file size than 6MB, but I have no clue. I downloaded the file from the official source and didn't think much of it.
> 
> Chances are, it might be that one. Try it. Keep an anti-virus software near though, I wouldn't worry too much anyways.


Aight, no problem. I still have the physical Mario64 for my phat NDS and I think that's much more fun.


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## slimbizzy (May 8, 2020)

CTR640 said:


> Aight, no problem. I still have the physical Mario64 for my phat NDS and I think that's much more fun.


Physical copies of games are always much more fun it seems. Something about popping an old cartridge into a console is much more special than stealing a ROM from the internet and booting it from an SD card.


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## Bladexdsl (May 8, 2020)

the guy is an idiot thinking he could get away with releasing this without consequences. especially the  way nintenDMCA is now


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## CTR640 (May 8, 2020)

TomRannd said:


> Physical copies of games are always much more fun it seems. Something about popping an old cartridge into a console is much more special than stealing a ROM from the internet and booting it from an SD card.


Exactly. I can't see myself play Mario64 with a xbox controller or mouse+kb.I don't even have Windows 10 to "play" the port.


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## Jayro (May 8, 2020)

smf said:


> Who told you that?


It's common knowledge. The N64 copyright ran out a few years ago. So now hardware clones can be made legally.


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## slimbizzy (May 8, 2020)

CTR640 said:


> Exactly. I can't see myself play Mario64 with a xbox controller or mouse+kb.I don't even have Windows 10 to "play" the port.


Amen brother. I do have Win10, but I rely on RetroArch and stuff anyways. 

A little project I've been working on is a breadboard-based 3ds controller. Right now, I just have the o3ds joystick, and a few tact switches. Hopefully I can work that stuff out eventually. It is more of a dream currently. But this will hopefully teach me quite a bit about coding, especially regarding GPIO slots.

Once they come out with a Pi capable of running more powerful consoles in emulation, it will be testing time. Like I said, this is much of a dream.


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## cearp (May 8, 2020)

it was ported to switch...?! love to see that


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## DANTENDO (May 8, 2020)

MetoMeto said:


> Let me tell you the truth. Copyright in general is a bullshit. Few years for some IP is ok to make money out of it, anything more than couple of years is a bullshit imo.
> 
> Let every company have the right to metroid after 10-20 years and lets see who will make better Metroid,Mario,Zelda and who has right to collect the money from their wonderfull creations! If it turns out that Nintendo makes best zelda, metroid and mario games than let them have the money...but to sue people because they wanna play ...video games....it sound ridiculous when i say the word "video games" like i said "lolly pop" but to sue people because they want to play certain video games (or eat lolly pop that is saying nintendo on it) is way beyond inhuman and nonsensical.
> 
> ...


you hav totally lost the plot lol if i invent a game character its mine noones else's - id like to see you come up with a video game character and see it used in a way which you may not like and someone else is profiting from it without doing fk all lol -people should go about making ther own ideas instead of being a lazy ass ponce and basically stealing


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## CTR640 (May 8, 2020)

TomRannd said:


> Amen brother. I do have Win10, but I rely on RetroArch and stuff anyways.
> 
> A little project I've been working on is a breadboard-based 3ds controller. Right now, I just have the o3ds joystick, and a few tact switches. Hopefully I can work that stuff out eventually. It is more of a dream currently. But this will hopefully teach me quite a bit about coding, especially regarding GPIO slots.
> 
> Once they come out with a Pi capable of running more powerful consoles in emulation, it will be testing time. Like I said, this is much of a dream.


Awesome! Dreams are that keeps us running. But sometimes they come true and sometime they do not come true. Keep it up!

I wish I could code but it seems not in my nature.


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## Hambrew (May 8, 2020)

huh


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## Kwyjor (May 8, 2020)

B4rtj4h said:


> Strange... Copyright is like for 20 years?


Patent protection lasts 20 years.  Patents are very different from copyrights.



> Let every company have the right to metroid after 10-20 years and lets see who will make better Metroid,Mario,Zelda and who has right to collect the money from their wonderfull creations!


You think only good games will come out of that? What if the market gets so completely flooded with terrible Metroid games that no one wants to play them anymore?


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## Deleted User (May 8, 2020)

Pipistrele said:


> In all fairness, if Sega was even remotely as big as Nintendo is right now, they would probably adopt the same mentality too - Nintendo is overly protective of their franchises exactly because of massive amount of responsibiltiy in front of numerous shareholders, while Sega has much less at stake, hence more room to screw around with their IPs as a result.


Valve is probably as big as nintendo if not more, yet a lot of their history is related to fans modding their works.


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## Deleted User (May 8, 2020)

cearp said:


> it was ported to switch...?! love to see that


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## MagnesG (May 8, 2020)

Prans said:


> View attachment 208205​


*Get your facts straight.*

*SEGA starts quietly removing YouTube users' videos... and gets entire accounts banned*
https://www.reddit.com/r/Games/comments/13glp8/sega_starts_quietly_removing_youtube_users_videos/


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## SuperDan (May 8, 2020)

NIntendo has spies ............... and eyes everywhere the ................. find  .. the snitch .................... cut his thumbs off ................


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## huma_dawii (May 8, 2020)

pustal said:


> In the US, "The 1998 Act extended these terms to life of the author plus 70 years and for works of corporate authorship to 120 years after creation or 95 years after publication, whichever end is earlier.". You can thank Disney for that. Most other countries is either life + 50 or life + 70 years.
> 
> 
> I found in some sailoring website an .exe file with only 24~MB, can anyone confirm that's what this port should look like or if this seems rather a baity malware?


the game is about that size, but compressed is about 6.5MB


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## DbGt (May 8, 2020)

Dont forget that it is rumored that Nintendo will release a remake of mario 64, sunshine, and probably galaxy this year, so of course its in their best interest to remove this.

Also, if they allow this port , they are opening the door to hundreds of possible pc ports of other nintendo games


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## Kioku_Dreams (May 8, 2020)

ShadowOne333 said:


> And the fuckers have the fallacy to call themselves a "family-friendly" company.
> They're nothing but greedy pieces of shit.


Oh my god. Shut up, will you? They are 100% within their rights to do this. Whether you, or the rest of those who share your terrible beliefs think otherwise.

It never ceases to amaze me how people act like Nintendo killed their dog or something when this happens. Boo hoo. Get over it.

Also, your misuse of fallacy is disturbing. Jesus...


----------



## HaloEffect17 (May 8, 2020)

Prans said:


> View attachment 208205​


Same thing that happened with AM2R... Nintendo goes ahead and makes their own when they see someone is threatening them.


----------



## Nerdtendo (May 8, 2020)

I'm glad I got a copy of the OpenGL version. Never ended up finding the Dx12 though.


----------



## wiitendo84 (May 8, 2020)

huma_dawii said:


> I think it's for 30 years but thats for music... Dont know if it  applies to other stuff


Edit: found it

The term of copyright for video games is no different than those of other media in the United States. Most popular video games are works of corporate authorship and have copyrights that will expire *95 years* from publication or *120 years* from creation, whichever expires first.

--------------------- MERGED ---------------------------

So to sum up, I will be long gone gone before I see this happen...


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## slimbizzy (May 8, 2020)

wiitendo84 said:


> Edit: found it
> 
> The term of copyright for video games is no different than those of other media in the United States. Most popular video games are works of corporate authorship and have copyrights that will expire *95 years* from publication or *120 years* from creation, whichever expires first.
> 
> ...


Fu-


----------



## huma_dawii (May 8, 2020)

wiitendo84 said:


> Edit: found it
> 
> The term of copyright for video games is no different than those of other media in the United States. Most popular video games are works of corporate authorship and have copyrights that will expire *95 years* from publication or *120 years* from creation, whichever expires first.
> 
> ...


Horrible xD


----------



## banjo2 (May 8, 2020)

B4rtj4h said:


> Strange... Copyright is like for 20 years?


Aha, I wish. I think that's patents you're thinking of, though.

Copyright itself isn't a bad thing in my opinion, but what is it, author's life + 70 years?


----------



## Nobody_Important4u (May 8, 2020)

Is anybody even suprised?

This does not make any sense, they don't even sell it in any shape or form!

Copyright is bullshit nowadays it should work like that:

If the the thing wasn't used in 10-15 years then it's not copyrighted.

If company Has been defunct then it's half the time.

In modern world having 70 years of copyright is absurd.

Because let's be real 90% of people that claim that "downloading old games that you can't buy is piracy and stealing" are either only wearing a mask because they have to do so or they are scared and do not thing that for real, or they are just fanboys to the point of sucking dick of the company.

It's all just a bunch of bullshit:
1. Piracy is not stealing that's not the right term if you care enough use google.
2. I define piracy as when you download a software that is still in use and you CAN buy that's piracy because it Hurts the developer.
And downloading old game that you CAN'T officially buy anymore is NOT piracy because it does not hurt anybody, i am just making sure that the thing is not lost to the abyss of time.

In lamer terms: Fuck you Nintendo!


----------



## banjo2 (May 8, 2020)

Nobody_Important4u said:


> Is anybody even suprised?
> 
> This does not make any sense, *they don't even sell it in any shape or form!*
> 
> ...


Yes except for no


----------



## Something whatever (May 8, 2020)

They should have waited to release it when it was done >:{. Oh well.... is the source code out and about?. Sure as hell didn't stop Project M


----------



## slimbizzy (May 8, 2020)

Nobody_Important4u said:


> Is anybody even suprised?
> 
> This does not make any sense, they don't even sell it in any shape or form!
> 
> ...


In all reality, they cant do anything about it. I mean, they CAN but not really.

The people who port things from Nintendo have a choice. 

They can either publish their work, or keep it. 

Keeping it, will stop Nintendo from finding your shit. And if they do, you have either been hacked and had your stuff leaked and posted because the hacker is an absolute douche bag OR Nintendo themselves is up to some sketchy shit. Both of those scenarios are quite unlikely.

Publishing work, always has its risks, though. I write a ton on platforms where people ask me questions about stuff(wow) and I continuously have to deal with plagiarism and copiers. Same thing goes for porting, and ROM hacks for example.

My guess, is that the group whom ported SM64 were well aware of this happening eventually. Someone is going to find your work eventually, and absolutely hate it. They will do everything in their power to remove it.


----------



## Nobody_Important4u (May 8, 2020)

banjo2 said:


> Yes except for no



Forgot about that.
But let's be real Wii U eshop is not going to be there soon, i give it 1-2 years.


----------



## CTR640 (May 8, 2020)

Memoir said:


> Oh my god. Shut up, will you? They are 100% within their rights to do this. Whether you, or the rest of those who share your terrible beliefs think otherwise.
> 
> It never ceases to amaze me how people act like Nintendo killed their dog or something when this happens. Boo hoo. Get over it.
> 
> Also, your misuse of fallacy is disturbing. Jesus...


Imagine if Nintendo killed John Wick's dog.


----------



## slimbizzy (May 8, 2020)

CTR640 said:


> Imagine if Nintendo killed John Wick's dog.


Nintendo wouldn't be here anymore then.


----------



## limpbiz411 (May 8, 2020)

How are they going to go after someone they cannot find? lol


----------



## mightymuffy (May 8, 2020)

Nobody_Important4u said:


> Forgot about that.
> But let's be real Wii U eshop is not going to be there soon, i give it 1-2 years.



We've all heard the rumours: it's almost certainly coming to Switch this year in one way or another - either the original game VC style, or a remake. Either way, it's no surprise seeing them moving in on this - in fact the most surprising thing is how relatively slow they've been about it.. (I suspect the Switch port tipped things over the edge)


----------



## Zense (May 8, 2020)

Nobody_Important4u said:


> Forgot about that.
> But let's be real Wii U eshop is not going to be there soon, i give it 1-2 years.


And I imagine within 1-2 years they will have made a release available on Switch or some other platform.
Also Super Mario 64 DS along with the original N64 version (like stated above) are even available on the Wii U eShop so I wouldn't say the game isn't availble.


----------



## uludag (May 8, 2020)

Whyyyyyyyyy??? Nintendo, why do you always have to be so narrow-minded? Truly sad seeing you wanting to take all these great people to court over a game that was released when a big part of your fanbase wasn't even born. Shame on you.


----------



## Ericzander (May 8, 2020)

samcambolt270 said:


> I'd like to see *you* come up with one for yours! You can't claim some random bullshit is true with no evidence and then when it's pointed out that you're wrong, claim that theres no evidence disproving your bullshit!


 I think you confused me with someone else. Because I didn't make any claim. I just agreed with someone in one post and then asked If you were willing to show me your source in another. 

No need to be so hostile, lol. But anyway if you want to do any research I recommend starting with Rupa
a Marya v. Warner/Chappell Music Inc.


----------



## Sonic Angel Knight (May 8, 2020)

Welp, no way I'm a try this now. Wanted to try using a modern controller instead of that crazy N64 one. 

People just don't learn that Nintendo is relentless. Just like that Pokemon MMO, or that metroid 2 fan game.


----------



## beermonkey (May 8, 2020)

Converted switch version to an xci and working well.


----------



## 64bitmodels (May 8, 2020)

Sonic Angel Knight said:


> Welp, no way I'm a try this now. Wanted to try using a modern controller instead of that crazy N64 one.
> 
> People just don't learn that Nintendo is relentless. Just like that Pokemon MMO, or that metroid 2 fan game.


or like how they nuked Brawlbrstms3's channel... Or the nintendo content creators program... or like how they're getting sued over joycon joysticks and they still haven't done anything to fix the problem...


----------



## Dax_Fame (May 8, 2020)

It doesn't really matter if it's in the wild... It's crap like this that will make it impossible for communities to form and for mods and content to be developed for it and I think that's what they want to avoid, seeing as it already bothers them when people play ROM hacks.

No one is going to invest their time in something that's going to be erased from existence... What a shame!


----------



## arjunpatel (May 8, 2020)

Dax_Fame said:


> It doesn't really matter if it's in the wild... It's crap like this that will make it impossible for communities to form and for mods and content to be developed for it and I think that's what they want to avoid, seeing as it already bothers them when people play ROM hacks.
> 
> No one is going to invest their time in something that's going to be erased from existence... What a shame!




 if they put it up on the web its never going to be erased


----------



## Joom (May 8, 2020)

64bitmodels said:


> I mean that's what they get for not putting virtual console on switch again... if you wont let us play your games we'll do it some other way- a way much less desirable to you


Yes, because it's owed to you. What's with this entitled little shit mentality everyone here has? Why are they the bad guys for protecting their property? I'm sorry, but you're not allowed to do whatever you want with the things you pay for. You could use this logic to say that it's within your right to bludgeon someone with a hammer because you paid for it and that's how you want to use it.


----------



## the_randomizer (May 8, 2020)

Yeah, Nintendo lost so much money from the PC port


----------



## Sonic Angel Knight (May 8, 2020)

64bitmodels said:


> like how they're getting sued over joycon joysticks and they still haven't done anything to fix the problem...


Nintendo fixed my joycons for free. I don't know if you consider that "haven't done anything to fix the problem" but I doubt future joycon productions will have the problem anymore.


----------



## 64bitmodels (May 8, 2020)

Sonic Angel Knight said:


> Nintendo fixed my joycons for free. I don't know if you consider that "haven't done anything to fix the problem" but I doubt future joycon productions will have the problem anymore.


fixing something that's broken that will obviously break in the future isn't "fixing" the problem it's delaying the inevitable
nintendo should redo their analog stick mechanisms.


----------



## the_randomizer (May 8, 2020)

Man, if I cared about the Joycons, I'd be upset too. Been using the Pro Controller exclusively, and never looked back. Joycons are utter trash.


----------



## FAST6191 (May 8, 2020)

Time for the GBAtemp quick intellectual property legal educational brief as it likely applies here to this. Short version. Keep sharing the tapes, figure out how to make diffs and compile things.

There are various types of intellectual property, however the big three are 
1) Patents (not really going to apply here as it is mostly for actual real world inventions, though the US and Japan do something most of the rest of the world considers unthinkable and patent software). Patents are the thing that is around 20 years, though some fields are shorter (medicine usually) and there are odd things like submarine patents if you want to go there. is long but provides a nice overview of patents in the US which is good enough for most of the world. Same conference and author has one of software patents as well if you do still find yourself curious.

2) Copyright (this is the work itself, this being a means of creative expression fixed in a tangible medium). Chances are pretty good nobody here today will live to see Mario 64 out of copyright.

Video on copyright lengths (nothing varies between types of content here, any variation in this sort of thing is usually part of patents. If something is within the better part of a century or more still the only reason for it to be out of copyright is either failure to register (tricky) or someone dedicated it to the public domain (maybe also CC0 which is functionally the same thing https://creativecommons.org/share-your-work/public-domain/cc0/ ).


3) Trademarks. Names usually for goods and services you apply to an office to get registered to you for certain fields for the most part, designed so someone else can't make a product of the same name and confuse your consumers. Trademarks are the things you are usually seen to have to actively defend from widespread abuse (and given this has been plastered all over the gaming press and press at large you are unlikely to be able to claim ignorance when it actually matters). https://www.eff.org/deeplinks/2013/...-require-companies-tirelessly-censor-internet . Note this is trademarks, copyright is different and mistaking the two is much akin to sega playstation in terms of degree of screw up. Trademarks are essentially infinite if the current owner pays a trivial sum every 20 or so years (varies by location).

 ----

Copyright itself usually uses phrases like substantial similarity. For code there are exceptions as there are limited ways to do things, however as this was a direct decompilation of the original work it falls into a category called derived works and is nowhere near coincidence. This would probably still apply even if they stripped all the levels, sound and whatever else out of the code (something like it there, as are some graphics) and got you to feed something a copy of the ROM somewhere along the line as the code itself (in one form or another) would still exist.
The closest I have for anything like a defence is interoperability of software (one of the big things that allows emulators to exist) might well be able to apply here, however that is a defence you would likely have to make in court and I would never put any money on it being dismissed as a summary judgement here like you might for some fair use type setups.

Copyright does not have quite as strong a duty to defend, however there is something of one. Nintendo actually had a fairly notable case in it for Donkey Kong way back when (their main lawyer had the surname Kirby, it is not a coincidence). https://law.justia.com/cases/federal/district-courts/FSupp/615/838/1515073/
That said for copyright purposes they reasonably could ignore it (though trademarks would still be in play). However they are well within their rights and what we typically see in business, especially Nintendo's business model (I assume we have all seen the "our way is the only way to play the good stuff, have some nostalgia on our terms" model over the last 20+ years), to actually go after this.

Re: it is a 20 year old game. Except they released it again on the DS and later on virtual consoles. Not that such things matter as again most here will never live to see it end for even the first Mario 64 release version, barring radical life extension or even more radical reworking of copyright laws.
Continuing with the videos thing if this sort of thing interests you I highly recommend

and the two lawyers featured in that video for general copyright assessments.



CHEMI6DER said:


> On the other hand, taking down YT videos is pretty assholistic of them, because the videos do not infringe on their rights.
> Heck, DMCA gives companies too much power over what they can do with anything that has any of their IPs mentioned in it. It's basically the same story as with Ninty taking down hacking related vids, which in no way infringe on their IP in any imaginable way...or how Apple files copyright claims on Hackintosh videos (yes, sure, the people who are making the video are breaking the EULA, but that still does not infringe on any copyright).


The video thing I would probably go with trademark for. If someone sees Mario 64 PC version then they might assume it is a legit product and cause confusion in the marketplace, or even obtain said product and call their support or something. Basically the exact thing trademarks are supposed to prevent and sort of thing you see in almost every court case here that is not fair dealing related or destruction related.

If you go reading the likes of the video usage agreements from Nintendo, Microsoft and the like you will tend to find phrasing like you can't run hacked versions of the game, or sometimes even name your video as the name of the game for similar reasons.

As for hacking videos. That does get into more tricky areas as there are justifiable reasons to hack things (or indeed be free to do so), however there are provisions within the DMCA to prevent some things here.


----------



## 64bitmodels (May 8, 2020)

the_randomizer said:


> Man, if I cared about the Joycons, I'd be upset too. Been using the Pro Controller exclusively, and never looked back. Joycons are utter trash.


I'm upset myself since i'm a lite user
So those little shits are attached to my console
Thank god for the fact they're not soldered onto the board- otherwise once those things started drifting i'd be dead.


----------



## Deleted member 512337 (May 8, 2020)

osaka35 said:


> If you don't aggressively defend your copyright, it can be held as evidence in court as to why you don't deserve it any more.


Tell that to the doom community. Id literally released the source code for anyone to use and Bethesda still sells the classic games. Just because you are loose about who uses your copyright doesn't mean you no longer own it.


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## chrisrlink (May 8, 2020)

wow that was faster then I thought, thought gamevice's patent lawsuit and the beta rom dumps would slow them down a little


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## Joom (May 8, 2020)

ChicoPancho said:


> Tell that to the doom community. Id literally released the source code for anyone to use and Bethesda still sells the classic games. Just because you are loose about who uses your copyright doesn't mean you no longer own it.


This is getting into licensing territory, which is a different ballgame compared to just copyright holdings. The source code for a lot of software is open, but developers charge for compiled binaries and technical support. The IRC client Xchat comes to mind. It's open source, and free for UNIX systems, but the dev hates Windows, so he charges a fee for the Windows builds. Synergy is another example that does the same thing.


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## limpbiz411 (May 8, 2020)

Nintendo has lawyers on speed dial


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## the_randomizer (May 8, 2020)

64bitmodels said:


> I'm upset myself since i'm a lite user
> So those little shits are attached to my console
> Thank god for the fact they're not soldered onto the board- otherwise once those things started drifting i'd be dead.



That's one thing and I get that, one more reason I'll never get a Lite. Sure, it's nice and comfy, but the joycons are utter crap

Nintendo: QA testing? What''s that?


----------



## Mythical (May 8, 2020)

Nobody_Important4u said:


> snip


While I agree with the morals behind this thought you're still downloading something you don't own and that's piracy.
If it's something that is unobtainable otherwise it's still piracy, but honestly I don't think that matters morally
For instance the PC horror game Devotion is no longer obtainable legally so I wouldn't lose blink of sleep over pirating that.


----------



## 64bitmodels (May 8, 2020)

the_randomizer said:


> That's one thing and I get that, one more reason I'll never get a Lite. Sure, it's nice and comfy, but the joycons are utter crap
> 
> Nintendo: QA testing? What''s that?


I actually wished i could've gotten a normal switch- but with scalpers driving the prices sky high and nintendo not even bothering to restock i just decided to settle for a lite. My fault for not being patient enough i guess.


----------



## banjo2 (May 8, 2020)

64bitmodels said:


> I'm upset myself since i'm a lite user
> So those little shits are attached to my console
> Thank god for the fact they're not soldered onto the board- otherwise once those things started drifting i'd be dead.





the_randomizer said:


> That's one thing and I get that, one more reason I'll never get a Lite. Sure, it's nice and comfy, but the joycons are utter crap
> 
> Nintendo: QA testing? What''s that?





64bitmodels said:


> I actually wished i could've gotten a normal switch- but with scalpers driving the prices sky high and nintendo not even bothering to restock i just decided to settle for a lite. My fault for not being patient enough i guess.



Doesn't Lite still have Bluetooth? You should be able to connect a Pro Controller anyways.


----------



## Joom (May 8, 2020)

64bitmodels said:


> nintendo not even bothering to restock


Are you fucking kidding me? This is that entitlement I was talking about. If you haven't noticed, we're currently dealing with a global depression caused by a pandemic. Production industry of just about any kind has come to a complete stop. Nintendo didn't decide to not restock, they can't make anymore to restock with.


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## stitchxd (May 8, 2020)

64bitmodels said:


> Yes because a project that has the potential to make a super mario 64 remake with new levels, graphics, and all the content from the ds version alongside the buttery smooth n64 movement should totally be removed.
> never change nintendo... or should i say nintendmca



Dude, this port was made from code from the Nintendo leak. This project is the DEFINITION of copyright infringement. I don't believe in piracy, but this port is a game changer, not just for the homebrew community, but it opens doors at nintendo too. I'd expect an official port to the Switch for SM64 now (not just emulated) some time in the next 2 years.

As someone pointed out, SM64-PC was compiled via reverse engineering. You can disregard my comment.


----------



## Arcadeguy (May 8, 2020)

It's already there..


----------



## Deleted member 512337 (May 8, 2020)

stitchxd said:


> Dude, this port was made from code from the Nintendo leak..[/QUOTE
> No it was not. If anything the idiot who made it is in trouble because of the game assets that were dumped from the game years ago were used.


----------



## CMDreamer (May 8, 2020)

SkyDX said:


> I understand going after uploads of the compiled .exe, that's fair. But they can't do anything about the source-code right?



The first idea is that you are correct, but sadly it doesn't work like that.
As the GitHub source code is derived (decompiled) from a ROM (a copy of original Nintendo work), it still belongs to Nintendo, even if the original function calls are named diferent, the methods are exactly the same.

If, on the other hand, all source code would had been created from scratch, this would be totally diferent, that's how emulators work, and that's why Nintendo can't do anything to delete them from existence, at least until some "smart guy" uses the recent source code leak and starts making improvements to his emulator. Then Nintendo would claim Copyright on that, and as most emulators are Open Source, well, devs must provide access to it.


----------



## FAST6191 (May 8, 2020)

stitchxd said:


> Dude, this port was made from code from the Nintendo leak. This project is the DEFINITION of copyright infringement. I don't believe in piracy, but this port is a game changer, not just for the homebrew community, but it opens doors at nintendo too. I'd expect an official port to the Switch for SM64 now (not just emulated) some time in the next 2 years.



It was not made from the leak of the SDK, source code for menus/firmware, demos and whatever else. It was made from decompiled code wherein the final code was reverse engineered (a fairly impressive feat really as most of computing is based around the idea that compiling is one way, though there have been many developments to make that less of a thing in recent years) from the original ROM.

This port is not really a game changer either. Plenty of games that got the source released or remade have been ported here, there and everywhere by fans/unofficial means for years now (not sure when the first would have been but it was common on the GBA).


----------



## Deleted User (May 8, 2020)

A in-depth article about reverse-enginering of N64 source code.
https://arstechnica.com/gaming/2020...e-effort-to-reverse-engineer-n64-source-code/


----------



## IceyyColdSnipez (May 8, 2020)

Prans said:


> View attachment 208205​


Me In a Nutshell


----------



## regnad (May 8, 2020)

How does this port compare to just using RA or some other emulator?


----------



## 64bitmodels (May 8, 2020)

regnad said:


> How does this port compare to just using RA or some other emulator?


best way to play the game- unless you care about texture packs.


----------



## sonicvssilver22 (May 8, 2020)

For what it’s worth the port runs like a dream. Native widescreen looks amazing and personally it felt like there was virtually no input latency. Movement felt very snappy, although since it’s running natively on the PC I guess that’s to be expected. Very impressive nonetheless.


----------



## Mythical (May 8, 2020)

64bitmodels said:


> best way to play the game- unless you care about texture packs.


even then you can just use a texture pack for the pc port. I'm waiting for someone to take the ds versions graphics and make an overhaul of it


----------



## MadMakuFuuma (May 8, 2020)

Scarlet said:


> It's not like it really matters at this point. Once a finished project is out there, it'll always be there.
> 
> Just a shame some of the incomplete fan projects announced their work too early and never saw a finished release.


this! 

like the chrono trigger 3D, for example. i like how some fan made projects just pop out of nowhere complete (and ip owners dont have time to make the project shut down before launch) XD


----------



## octopus (May 8, 2020)

Anyone has a list of fan-made stuff taken down by corporations? That's probably where _the _good stuff is. 
The only other thing that comes to mind is AM2R.


----------



## Silent_Gunner (May 8, 2020)

*Streisand Effect intensifies*


----------



## linuxares (May 8, 2020)

Sigh... people, they HAVE TO do this... it's nothing without losing their trademark for the game...


----------



## Xzi (May 8, 2020)

ITT: People acting like no developer/publisher other than Nintendo would possibly care about one of their games being widely distributed for free.

The people behind this mod surely saw this coming, which is why they had the foresight to not announce anything until it was essentially finished.


----------



## nolimits59 (May 8, 2020)

Annnnnnnnnd a switch port is out also !


----------



## SuperDan (May 8, 2020)

Glad i have it then .. it really looks awesome in 4k and under 7mb ...


----------



## Viri (May 8, 2020)

It's already out on the internet, you cannot do anything to get rid of it. Doing anything now will just cause a "Streisand effect".

By the way, they're also working on OOT, MM, Golden Eye, and Perfect Dark. It's also pretty easy to find the game. And before you ask, yes, it was already ported to the Switch. You can find it on Reddit.


----------



## Mythical (May 8, 2020)

MadMakuFuuma said:


> this!
> 
> like the chrono trigger 3D, for example. i like how some fan made projects just pop out of nowhere complete (and ip owners dont have time to make the project shut down before launch) XD


I can't find anything on a 3d chrono trigger game lol, do you know the name of it?


----------



## Daggot (May 8, 2020)

Prans said:


> View attachment 208205​


Tell that to Streets of Rage Remake. Anyways all Nintendo can go after is the precompiled exe files uploaded on the internet. They can and probably will attempt to DMCA the source code but the source code we have now contains no original Nintendo code and is legally allowed to stay up on the internet. This means that the source code and the means to build the PC port from source with just a few tools and a Mario 64 rom will remain even if Nintendo goes nuclear on everything.



Mythical said:


> I can't find anything on a 3d chrono trigger game lol, do you know the name of it?


He means this project that SE killed.


----------



## x65943 (May 8, 2020)

Mythical said:


> I can't find anything on a 3d chrono trigger game lol, do you know the name of it?


This maybe?

https://en.m.wikipedia.org/wiki/Chrono_Resurrection


----------



## chronoss (May 8, 2020)

B4rtj4h said:


> Strange... Copyright is like for 20 years?


_"the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation"_


----------



## SkyDX (May 8, 2020)

Olmectron said:


> How did they get the code? By reverse _engineering__? _Or was it leaked?
> 
> I'm not into the legal world, so I'm not so sure about this; but whatever the way it was gotten, even if it's not exactly the same code line by line, it was a byproduct gotten from the game released by Nintendo (Super Mario 64). So, they have the right to sue about it.





CMDreamer said:


> The first idea is that you are correct, but sadly it doesn't work like that.
> As the GitHub source code is derived (decompiled) from a ROM (a copy of original Nintendo work), it still belongs to Nintendo, even if the original function calls are named diferent, the methods are exactly the same.
> 
> If, on the other hand, all source code would had been created from scratch, this would be totally diferent, that's how emulators work, and that's why Nintendo can't do anything to delete them from existence, at least until some "smart guy" uses the recent source code leak and starts making improvements to his emulator. Then Nintendo would claim Copyright on that, and as most emulators are Open Source, well, devs must provide access to it.



I'm not into the legal-world either so I will just say what I've heard because it sounds logical to me. You two could be very well right but what I heard, first of all this code wasn't stolen or leaked, it was decompiled, so reverse-engineered from the ROM, which is legal to do from my last stand of knowledge.

And since the code is for a matter of fact different and the code itself contains no assets from Super Mario 64 Nintendo has no grounds to go after the code, the assets are provided by a ROM during compilation.


----------



## Mythical (May 8, 2020)

x65943 said:


> This maybe?
> 
> https://en.m.wikipedia.org/wiki/Chrono_Resurrection


yeah but the way they talks about it it sounds as if a finished game was released and I can't find such a thing


----------



## raxadian (May 9, 2020)

TomRannd said:


> Now, that would be something special. MK64 was a decent game, too.



Is a tad boring in single player but in multiplayer is really fun.


----------



## slimbizzy (May 9, 2020)

raxadian said:


> Is a tad boring in single player but in multiplayer is really fun.


Majority of MK games are like that. Although, it really depends on the player. 

MK7 was personally my favorite to play alone.


----------



## godreborn (May 9, 2020)

I guess Nintendo hates their own fans.  its a fanmade game, Nintendo.  do you know what that means?  no one is trying to profit off of it either.


----------



## x65943 (May 9, 2020)

godreborn said:


> I guess Nintendo hates their own fans.  its a fanmade game, Nintendo.  do you know what that means?  no one is trying to profit off of it either.


Fan made game? It's literally decompiled Mario 64 optimized to run on PC. It is essentially an unauthorized Mario 64 port.


----------



## raxadian (May 9, 2020)

TomRannd said:


> Majority of MK games are like that. Although, it really depends on the player.
> 
> MK7 was personally my favorite to play alone.




DS definitely was the best Mario Kart to play alone for me.


----------



## Shape (May 9, 2020)

I hate to be the one to point this out, but it almost doesn't matter what the legislation or legal precedent is.

Laws, in the USA, are actually the decisions of the court. The law is *not* what's on the books. What is on the books is only THE BASIS of how to get someone INTO court.

The actual law is whatever the judge decides is 'constitutional' or, alternatively, 'appropriate' to the situation, based on the arguments presented by the plaintiff and defendant.

That is why legal precedent is so important in the USA's legal system: an argument that has won before a judge previously is *much* more likely to win again, as a de facto "law".


----------



## TangentingTangerines (May 9, 2020)

Prans said:


> View attachment 208205​


Don't act like Sega's totally innocent in this.  They took down the Streets of Rage Remake.


----------



## regnad (May 9, 2020)

Are there any other N64 games in the wild that have received this treatment, or is Mario 64 it?

How is the Switch port of the PC port? Does it run equally well?


----------



## PZT (May 9, 2020)

haha compiler go brrr


----------



## kumikochan (May 9, 2020)

osaka35 said:


> If you don't aggressively defend your copyright, it can be held as evidence in court as to why you don't deserve it any more. Seriously, if you become too popular and don't defend it, then you lose it. Ot is a broken system, but watcha gonna do.
> 
> That being said, it sucks. Especially fan projects that never get finished. All those chrono trigger fan projects that never finished because they announced wayyy too early. Sadness. But glad this one was done at least. And the switch one.


I don't think that applies tho when it doesn't make money and the original copyright holder has been given credit. The losing your copyright thing in court normally only applies to not defending your copyright when abused and made profit from illegally. They can still legally take it down ofcourse but to my understanding losing the copyright to something only applies to when the abuser of copyright is making profit from it hence why we mostly never see other companies taking down non profit ports or fangames.


----------



## DJPlace (May 9, 2020)

that was fast..... nintendo trying to conseve.


----------



## TheZander (May 9, 2020)

good for nintendo. screw everyone who is upset with them. they should have the copyright to mario.... sonic is 4 lam3rz anyways


----------



## slimbizzy (May 9, 2020)

TheZander said:


> good for nintendo. screw everyone who is upset with them. they should have the copyright to mario.... sonic is 4 lam3rz anyways


I feel like you know about group of people going to come after you... Good luck.


----------



## TheZander (May 9, 2020)

TomRannd said:


> I feel like you know about group of people going to come after you... Good luck.


the day i get shook about a bunch of sonic weirdos is the day i leave the internet forever.


----------



## slimbizzy (May 9, 2020)

TheZander said:


> the day i get shook about a bunch of sonic weirdos is the day i leave the internet forever.


I like your attitude.


----------



## 64bitmodels (May 9, 2020)

TheZander said:


> the day i get shook about a bunch of sonic weirdos is the day i leave the internet forever.


i think its less about sonic and more so about nintendo just continually taking shits on their fan projects
Nintendo doesn't even bother to put some form of virtual console onto the switch other than the switch online service which doesn't even have n64 games
And for the people who don't own a Wii or a wii U, they have to resort to illegal methods to play
and really, would you perfer SM64 in the original 4:3 aspect ratio at 480p or SM64 in 16:9 at 1080p


----------



## TheZander (May 9, 2020)

64bitmodels said:


> i think its less about sonic and more so about nintendo just continually taking shits on their fan projects
> Nintendo doesn't even bother to put some form of virtual console onto the switch other than the switch online service which doesn't even have n64 games
> And for the people who don't own a Wii or a wii U, they have to resort to illegal methods to play
> and really, would you perfer SM64 in the original 4:3 aspect ratio at 480p or SM64 in 16:9 at 1080p


i'm all for this thing existing %100. I just get annoyed when people put them on blast not to mention a ton of legitimate reasons why the 64 patent is still important but it really hasnt been that long. 

i do want to try this I found some ported version to switch. but let nintendo do whatever they want like everyone says it makes little difference


----------



## Yokimari (May 9, 2020)

Sad, but not surprising.


----------



## slimbizzy (May 9, 2020)

64bitmodels said:


> i think its less about sonic and more so about nintendo just continually taking shits on their fan projects
> Nintendo doesn't even bother to put some form of virtual console onto the switch other than the switch online service which doesn't even have n64 games
> And for the people who don't own a Wii or a wii U, they have to resort to illegal methods to play
> and really, would you perfer SM64 in the original 4:3 aspect ratio at 480p or SM64 in 16:9 at 1080p


I could be wrong, but I have a strong feeling Nintendo listens to the customers of Japan more. As, majority of the popular franchise games and consoles are developed and programmed there. 

For all we know, Japan is very anti-n64. I would doubt it. But then again, Japan doesn't seem to have an extremely massive Homebrew and hackers/modders community(I didn't check any sources, just a wild guess that I like).

Japan is also very poor compared to some countries, too. Not ALL of the people are. According to my sources, Japan is one of the worst places for poverty, too. Especially in children.

Another thing I have thought about, Japan is quite a busy place. Many of the people who live there might not have time to play games like we do. 

But Nintendo takes Japan as their number one place to sell products, and well, it is. 

This is just my take on this whole thing. I could go deeper, but I wont to save time.


----------



## 64bitmodels (May 9, 2020)

TomRannd said:


> I could be wrong, but I have a strong feeling Nintendo listens to the customers of Japan more. As, majority of the popular franchise games and consoles are developed and programmed there.
> 
> For all we know, Japan is very anti-n64. I would doubt it. But then again, Japan doesn't seem to have an extremely massive Homebrew and hackers/modders community(I didn't check any sources, just a wild guess that I like).
> 
> ...


"Japan is very anti-n64."
I guess everyone jumped on the sony bandwagon back then lmfao
But yeah you're right
it's the biggest problem with nintendo really- but at the same time i can't blame them that much- theyre a japanese company at heart
I don't really know how many people buy nintendo's consoles over here in the US. If it's the majority of the sales nintendo gets then yeah- they should listen to the western audience more
Plus, many of the ideas that are suggested by the western audience are ideas that could heavily alter nintendo's state in the industry- for the better
Especially the ones concerning their mediocre online features and services (we shouldnt need a phone to Voice chat, bring back virtual console, improve netcode in general, bring back themes from the 3ds, integrate a chat like discord into the switch, allow us to record more than 30 seconds of gameplay, etc)
I guess that's what nintendo of america is for though..


----------



## slimbizzy (May 9, 2020)

64bitmodels said:


> "Japan is very anti-n64."
> I guess everyone jumped on the sony bandwagon back then lmfao
> But yeah you're right
> it's the biggest problem with nintendo really- but at the same time i can't blame them that much
> ...


Now, I'm all down for Nintendo giving us more attention, too. But at the same time would that really benefit Nintendo? Everyone gets upset at them for being selfish. When in reality... Well that's just how it fucking is now isn't it? 

It's insane really, Nintendo is already CRAZY successful. Why would they need to do more? Throwing themselves out into America might be the WORST idea for them. Why? Well, we would be expecting even MORE from them. While I would be happy if they did give us more attention, I am also glad they do not. Nintendo is already doing great. Mind you, they started as a CARD company. And then were hosts for SEX hotels in japan! They have come a long way dude. 

I feel like they should just keep going. They keep enough people happy, plus. In all reality. MAJORITY of the consumers of things like the Switch for example aren't modding or using homebrew. They just buy the carts like normal people. And don't think anything of it.


----------



## Subtle Demise (May 9, 2020)

osaka35 said:


> If you don't aggressively defend your copyright, it can be held as evidence in court as to why you don't deserve it any more. Seriously, if you become too popular and don't defend it, then you lose it. Ot is a broken system, but watcha gonna do.
> 
> That being said, it sucks. Especially fan projects that never get finished. All those chrono trigger fan projects that never finished because they announced wayyy too early. Sadness. But glad this one was done at least. And the switch one.


No. That's trademark. You could theoretically allow people to pirate something for 30 years, and still be well within your rights to make a claim on it whenever you wanted


----------



## BlueFox gui (May 9, 2020)

Nintendo: you're not going to play this game

me: so... you're going to re-release it when?

Nintendo: w-what?


----------



## MaxToTheMax (May 9, 2020)

Fuck Ninty for this, however... maybe it is another Samus returns situation? I just want fucking 3d all stars pls ninty. I've been good girl


----------



## gudenau (May 9, 2020)

I have the sources and I'm trying to make some QoL changes.

Guess I'm never releasing that.

Edit:
You do need the ROM to build it.


----------



## slimbizzy (May 9, 2020)

gudenau said:


> I have the sources and I'm trying to make some QoL changes.
> 
> Guess I'm never releasing that.
> 
> ...


Well, the ROM isn't hard to find man.


----------



## gudenau (May 9, 2020)

TomRannd said:


> Well, the ROM isn't hard to find man.


I know, so the sources might be okay. Still not sharing my stuff though.


----------



## SG854 (May 9, 2020)

Will this pc port be acceptable for speed runs? So we won't end up in a situation like that DK world record guy.


----------



## slimbizzy (May 9, 2020)

gudenau said:


> I know, so the sources might be okay. Still not sharing my stuff though.


That might be smart. Really, really REALLY smart lmfao.

--------------------- MERGED ---------------------------



SG854 said:


> Will this pc port be acceptable for speed runs? So we won't end up in a situation like that DK world record guy.


You are best to ask the people who run the speed-run community.

They tend to follow the law, so I wouldn't know for sure.


----------



## FAST6191 (May 9, 2020)

gudenau said:


> I have the sources and I'm trying to make some QoL changes.
> 
> Guess I'm never releasing that.
> 
> ...



Releasing a delta of the changes of your source to a known/fixed point from the straight decompilation seems to be the order of the day. There are still some things able to be done but as it is arguably your own work (law here is rather hazy, and case law likely to apply to such an instance even harder to come by -- on the one hand cheats and ROM hacks have existed for decades and in some cases even ruled legal, in other cases see what various Blizzard vs the world cases came up with and managed to have fly in court) and presumably in and of itself does not facilitate anything then.

The trick will probably be making it so mere mortals can compile it. Personally I am thinking codeblocks as a good target for that one; sure it is massive compared to other choices but it is potentially plug and play by clicking on icons, command line loses about half your audience right off the hop and if you find yourself messing with paths in Windows (ever had a mingw or cygwin install that did not go there?) that is more like 99%. Microsoft compilers are an option but given the state of flux their compiler world exists in most of the time I would like to be able to stand a chance of doing this 10 years out without some kind of code refactor because they dropped something or messed with libraries too much, or people having to pay for something because why not. The delta is a harder one for while GIT makes short work of such things it is not as nice as some of the binary patchers in some ways.

Edit


SG854 said:


> Will this pc port be acceptable for speed runs? So we won't end up in a situation like that DK world record guy.


There are about 500 speedrun communities with even more interpretations of what is acceptable, and that is without getting into the TAS world.
That said while I can see some counting it the N64 is still reasonably available, as is Nintendo's own emulated versions, so it will probably not have a difficulty of finding the real deal exception made and most of the ones I see are sticklers for accuracy, even if you can ensure accuracy because you have the code right in front of you and know the hardware it runs on.
If it is that much nicer to play though that people will gravitate towards it you can always start your own run.


----------



## gudenau (May 9, 2020)

FAST6191 said:


> Releasing a delta of the changes of your source to a known/fixed point from the straight decompilation seems to be the order of the day. There are still some things able to be done but as it is arguably your own work (law here is rather hazy, and case law likely to apply to such an instance even harder to come by -- on the one hand cheats and ROM hacks have existed for decades and in some cases even ruled legal, in other cases see what various Blizzard vs the world cases came up with and managed to have fly in court) and presumably in and of itself does not facilitate anything then.
> 
> The trick will probably be making it so mere mortals can compile it. Personally I am thinking codeblocks as a good target for that one; sure it is massive compared to other choices but it is potentially plug and play by clicking on icons, command line loses about half your audience right off the hop and if you find yourself messing with paths in Windows (ever had a mingw or cygwin install that did not go there?) that is more like 99%. Microsoft compilers are an option but given the state of flux their compiler world exists in most of the time I would like to be able to stand a chance of doing this 10 years out without some kind of code refactor because they dropped something or messed with libraries too much, or people having to pay for something because why not. The delta is a harder one for while GIT makes short work of such things it is not as nice as some of the binary patchers in some ways.



It's not that hard to ship a handful of binaries and make it plug and play. A couple text fields and a button and you can automate the rest.

Still not doing it.

--------------------- MERGED ---------------------------



SG854 said:


> Will this pc port be acceptable for speed runs? So we won't end up in a situation like that DK world record guy.



Bet it's going to be a category.


----------



## Ferris1000 (May 9, 2020)

i hope someone compile the game for Win 9X Kernel PCs.

I would love to know what the lowest Hardware the Game would work on.


----------



## Benja81 (May 9, 2020)

Its a little annoying from our point of view, but the anger is not justified. Its their property and they have a right to defend it.

If you took years out of your life making something, especially something that represents your source of livelihood, then someone copied it, in this case not even creatively, just bit for bit. Then gave it away to everyone for free, you'd probably be pretty pissed.


----------



## the_randomizer (May 9, 2020)

Man, am I glad I don't host files or stream YT videos


----------



## osaka35 (May 9, 2020)

samcambolt270 said:


> This is not true. At all. You have to defend it, but you do not have to defend it "aggresively." Sega is not going to lose the rights to sonic for letting people make fan-games. It's as simple as saying "you can do that" and you're good. The problem with legal abandonment is "never" defending the game. Defend it once, any aspect of it, and you can let as many fan games exist as you want and be legally fine.


Bare minimum, sure, absolutely. But you want to avoid legal headaches and have zero room for issues, you go aggressive. Could they go the sega route and highly likely be okay? Absolutely. But it's not a guarantee. Mario is arguably the most recognizable mascot/character in the world. The thing is they want zero risks when it comes to the cash cow and don't want even one ruling where they might lose ground. They don't want to become styrofoam or bandaids.

So yes, you're right, they're probably perfectly fine. And technically nothing should happen to them. But to not do so does introduce risk. Sometimes these things are decided by laws, but sometimes by judges.This is why they pushed so hard the "it's not a nintendo, it's a video entertainment system" back in the day. Not just to be pedantic, but to protect their name and their brand. 

on a similar note, how weird would it be for some judge to rule derivative coding is perfectly fine for wide distributing as long as it doesn't make a profit? I wouldn't hate it, but they would.

I don't agree with it, i think it's dumb. But it's not like they're doing it just to be dicks. They're legal reasons motivating this action, not just monetary. I would much prefer a sega situation, where they reached out and legally defined and created a safe space for exploration of the character and IP. But that does introduce risk. So. Yeah. Hate it.


----------



## ELY_M (May 9, 2020)

this copyright law need to be repealed.  it is censorship!!!


----------



## samcambolt270 (May 9, 2020)

osaka35 said:


> I don't agree with it, i think it's dumb. But it's not like they're doing it just to be dicks.


I would have agreed up until the point that they intentionally waited until the day before a fan game released to dmca it, on christmas eve no less. They are absolutely doing it to be dicks in many cases. What better way to disuade people than to give them the lingering doubt that, no matter how far along development is, no matter how under the radar it is, ninty is watching.
As for this particular one though, not really. They straight up are releasing mario 64 for free on the internet, so it's not at all a dick move.


----------



## goldensun87 (May 9, 2020)

This is why I snag shit like this as soon as I know about it.


----------



## Kioku_Dreams (May 9, 2020)

ELY_M said:


> this copyright law need to be repealed.  it is censorship!!!


Censorship of what? Nintendo has no obligation to let you tamper with their IPs.


----------



## osaka35 (May 9, 2020)

Subtle Demise said:


> No. That's trademark. You could theoretically allow people to pirate something for 30 years, and still be well within your rights to make a claim on it whenever you wanted


Yeah, sorry, i just lump them all together as "copyright" when talking. It's kind of lazy of me, i know, sorry. Point is, nintendo does these things for legal reasons, not just to be dicks.


----------



## Rabbid4240 (May 9, 2020)

Oh no, how could this have POSSIBLY happened?!


----------



## Pipistrele (May 9, 2020)

Azerus_Kun said:


> Valve is probably as big as nintendo if not more, yet a lot of their history is related to fans modding their works.


Valve has the luxury of being privately owned company, so there's no one to answer to for them. That's also why they can do such wacky moves as sitting on their biggest franchise for 13 years and releasing next entry as VR exclusive - something that would never fly with shareholders.


----------



## HarveyHouston (May 9, 2020)

...And then the next thing you know, Nintendo is releasing _their_ own version pf the PC port. Complete with Steam capabilities.

It doesn't have to end sucky, just because a lawsuit is in progress.


----------



## Xabring (May 9, 2020)

Prans said:


> View attachment 208205​


Sega does what Nintendon't indeeed!


----------



## Rfire (May 9, 2020)

What they're going after are compiled binaries of it since those contain game assets.

The source code hasn't been gone after so far.

I don't think Nintendo wants to risk setting a legal precedent by trying to take down the source code or gag the developers. Sony going after Bleem! caused a legal precedent to be set effectively protecting console emulators from subsequent legal action. Nintendo doesn't want to risk that happening, If they went after the developers of the port who themselves are just releasing source code and not binaries or game assets special interest groups like the EFF or FSF might come to their defense and represent them Pro-bono which would give Nintendo a major fight in court over it.


----------



## Mythical (May 9, 2020)

osaka35 said:


> Yeah, sorry, i just lump them all together as "copyright" when talking. It's kind of lazy of me, i know, sorry. Point is, nintendo does these things for legal reasons, not just to be dicks.


statute of limitations on piracy in the usa is 3 years after the company is notified


----------



## eriol33 (May 9, 2020)

one can hope nintendo will rerelease nintendo 64 with super mario 3d world graphic.

btw is the pc port truly complete? it contains all the original super mario 64 levels?


----------



## Silent_Gunner (May 9, 2020)

Plasmaster09 said:


> The difference is that Nintendo is capable of reliably making quality games without the aid of fans.



Really? Then where's a new Star Fox? F-Zero? Is Metroid Prime 4 canceled? How about a game that's a new IP developed by Nintendo itself? Pikmin 4?

But sure, more Wii U ports to get normies up to speed on games they missed out on in the early 2010's!


----------



## Bladexdsl (May 9, 2020)

Silent_Gunner said:


> But sure, more Wii U ports to get normies up to speed on games they missed out on in the early 2010's!


don't forget the eshop full of shovelware, phone ports and weeb trash!


----------



## Mythical (May 9, 2020)

eriol33 said:


> one can hope nintendo will rerelease nintendo 64 with super mario 3d world graphic.
> 
> btw is the pc port truly complete? it contains all the original super mario 64 levels?


seems so, but I couldn't see the boo ghosts in the courtyard, but mayvbe I missed a prerequisite


----------



## Bladexdsl (May 9, 2020)

eriol33 said:


> one can hope nintendo will rerelease nintendo 64 with super mario 3d world graphic.


no mario odyssey graphics 3d world is dated AF now


----------



## JuanBaNaNa (May 9, 2020)

DMCA for Smash.

It's a very popular Nintendo character and he's been showing in many games recently.


----------



## smf (May 9, 2020)

Jayro said:


> It's common knowledge. The N64 copyright ran out a few years ago. So now hardware clones can be made legally.



Copyright lasts for at least 70 years. Patents last 20 years.

Do you understand the difference?



ELY_M said:


> this copyright law need to be repealed.  it is censorship!!!



You are censoring me by not giving me your money, car, house, etc.



Mythical said:


> statute of limitations on piracy in the usa is 3 years after the company is notified



It's complicated

https://blog.ericgoldman.org/archiv...or-online-copyright-infringement-apl-v-us.htm

But Nintendo are well within their rights to remove this from the internet. It's like saying "I stole this car and now the owner is being a dick by trying to take my car away from me".



Rfire said:


> I don't think Nintendo wants to risk setting a legal precedent by trying to take down the source code or gag the developers. Sony going after Bleem! caused a legal precedent to be set effectively protecting console emulators from subsequent legal action.



It didn't really set a precedent, bleem was pre dmca & nothing it did was illegal as there were fair use arguments. It pretty much re-ran sega vs accolade. Modern console emulators would be at risk of violating the DMCA because they would have to work round the DRM.

If the game source code doesn't contain anything from Nintendo then they can't do anything about it. If any of it is based on the reverse engineering of the game that was done a while back, it will be a very expensive job to educate lawyers, courts etc & then prove it.

Nintendo will try to get the best value for money in terms of what they go after and how as protecting your property (which you are entitled to do) can be very expensive.


----------



## tova (May 9, 2020)

I hate how much copyright law has been stretched by companies just because they dont want their products to fall under public domain. How greedy and vain can you be to make copyright so unreasonably long?


----------



## MetoMeto (May 9, 2020)

tova said:


> I hate how much copyright law has been stretched by companies just because they dont want their products to fall under public domain. How greedy and vain can you be to make copyright so unreasonably long?




Ninquisition. Fighting against outlaws, with full force of law, in the name of a _saint holly Mario the bearded one_, with unholy methods, justified by the law and its followers.


----------



## yoyoyo69 (May 9, 2020)

It's common for big companies / lawyers to bamboozled, as almost everyone on the courtroom will have no understanding of these differences, dumb, but it happens and ot works.

The source code isn't the only aspect they have also.

Shame, one of the best games ever, but obviously Nintendo want to resell it to another couple of generations still, like most of these companies.


----------



## Harumyne (May 9, 2020)

Why is Nintendo allowing Super Mario Bros X 2.0 to continue living when it clearly outcompetes Super Mario Maker?


----------



## 64bitmodels (May 9, 2020)

Elemi said:


> Why is Nintendo allowing Super Mario Bros X 2.0 to continue living when it clearly outcompetes Super Mario Maker?


Because it doesn't outcompete super mario maker..???
Mario Maker is a level editor- SMBX is a whole fucking game engine
2 completely different things- one just has level creation in it and the other is completely based on level creation


----------



## proffk (May 9, 2020)

I wonder if these copyright claims are pointing towards a rumoured remaster of M64.


----------



## FAST6191 (May 9, 2020)

proffk said:


> I wonder if these copyright claims are pointing towards a rumoured remaster of M64.


There have been a few ROM hacks in the past that were smacked down for competition with my product purposes (say translations of old games when they were set to be released on newer ones), however this is standard operations for Nintendo (plus the whole trademark really wanting to be shown to be enforced thing) so no real need or ability to read anything into it.


----------



## PalindromicBreadLoaf (May 9, 2020)

Okay, is anyone actually surprised from this? It's Nintendo, of course they'll take down an unofficial port of Mario 64.


----------



## graeme122 (May 9, 2020)

So is this copyright claim attacking those that created the PC port or is Nintendo going after the filehosting sites.


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## MetoMeto (May 9, 2020)

FEF1 said:


> Okay, is anyone actually surprised from this? It's Nintendo, of course they'll take down an unofficial port of Mario 64.


Im not surprised at all, i expected this when i saw post about big nintendo leaks few days ago.
Nintendo and other companies protect their IP's and i get that, however, the way those laws are vritten is completly different story. But i do have one thing to say, and that is that although these companies have right to sue people in this fashion that they do these days (_since Iwata san passed away and Reggie left nintendoh_), that doesnt mean they should be so obnoxious and aggresive about it. Nothing good comes out of aggression no matter what the reason and i personally dont care for the reason, what i care is the way some company is doing something.

So here is company loved by many, and instead of doing this the other way they go full retard and  sue people, ruin their lifes (and before you say they deserve it. no. they do not. not over a stupid kids game) ask for thousands of dollars, act as a inquisition, shutting people down, making them scared to post videos of them playing legit games etc. etc. etc.

Anyway.... I say this many times and ill say this again. Dont you think sega has every right also to sue and shut down people enthusiasm (lets call it like that) ofc they do, just like nintendo they are a big company...a lot smaller actually they should be even more aggressive about it, but they are not. And people love them and they loose nothing actually but gain..everione does?

It just shows true face oftodays nintendo.

I remember nintendo being like this always, but never like it is today.

Also, if i dont see Metroid game in years and they release shitty federation force and i want to play it, ofc imma download AM2R, and by the way its fucking better than any recent metroid games from OM till today.

P.s. I mean not that they loose any money by this, they just do it cause they want more so..yeah. That's very telling actually.


----------



## Harumyne (May 9, 2020)

An old saying, any publicity is good publicity.


----------



## MetoMeto (May 9, 2020)

Elemi said:


> An old saying, any publicity is good publicity.


That's good said, but that's only temporary. Also it is good but in a bad way.


----------



## Plasmaster09 (May 9, 2020)

Silent_Gunner said:


> Really? Then where's a new Star Fox? F-Zero? Is Metroid Prime 4 canceled? How about a game that's a new IP developed by Nintendo itself? Pikmin 4?
> 
> But sure, more Wii U ports to get normies up to speed on games they missed out on in the early 2010's!


For one, Metroid Prime 4 got delayed for good reason, and they already explained why.
And I never said anything about _specific_ quality games or games from specific series.


----------



## frankGT (May 9, 2020)

Nintendo sponsored the costs to make the original game, they might want to sell it, for as long as it sells, in they're current and upcoming platforms.

This offended-lady-discourse can only come from entitled people who were never involved in a costly project they had to financially support.


----------



## Axido (May 9, 2020)

Please, guys, before you get enraged over this, think about how your wishful thinking contradicts law in general.

Being a widely beloved product does not make said product either common property or open-source, regardless of the surrounding circumstances (i.e. whether or not it still serves some purpous). That state is normally chosen by the individual or company holding the rights to it. That means if Nintendo chooses not to make their games publicly available to everyone, nobody else is allowed to as well. Are you with me so far?

But that's what has been done. It has been done unrightfully (like in "the law doesn't approve it) and unless you guys get into politics and invent a law that legalizes piracy, settling this using lawyers (whether this happens in court or not) is a viable way to go here. You don't have to agree that it's the way to go, but you can't really do anything but tolerate it at least.

That being said, did any of those cases actually end up ruining a person, as some of you put it, or were those things normally settled by that person agreeing to take down their work for good? I did the research and found that while Nintendo is strict at pursuing fan games and the likes, they generally stop at the "Promise you don't do it ever again and we'll leave you alone" part when it comes to fan games. This is more than fair considering that sharing game assets still is copyright infringement. Nintendo could definitely be more aggressive than they actually are. You might want to be grateful for that instead of hating on them.

So, if you follow these three simple rules, you should get away with it.
1 - Don't announce your work, just release it!
2 - Release your work in a state that is as polished as it gets since you might only have one try.
3 - As Nintendo lawyers strike, agree to take down your project, take down your project and live on knowing you did something great for the community.

Of course, I don't take responsibility if Nintendo decides to change their minds and ruin the hell out of you for real.


----------



## xatzimi (May 9, 2020)

Almost like all of the journalists shouldn't have plastered the story everywhere. Come on, guys...


----------



## Lumstar (May 9, 2020)

frankGT said:


> Nintendo sponsored the costs to make the original game, they might want to sell it, for as long as it sells, in they're current and upcoming platforms.
> 
> This offended-lady-discourse can only come from entitled people who were never involved in a costly project they had to financially support.



I'd like to see the true colors of the average user who downloads whatever they feel like, how would they react if something they made was pirated?


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## Deleted User (May 9, 2020)

Lumstar said:


> I'd like to see the true colors of the average user who downloads whatever they feel like, how would they react if something they made was pirated?


probably would not notice it, lets see every scenario for games (checking other media would take too much time)
1-the game was a flop and pretty much nobody bought it, people would probably not pirate it either because it is poor quality or they dont know about it
2-the game was mildly succesful, enough so that you made back your money and maybe a little profit, if pirated copies exist they had little to no effect in hindering that
3-the game was an absolute hit, you became rich and have enough money to not need to work for the rest of your life, if pirated copies exist, they had little to no effect in hindering that.
you cant say all pirated copies are lost sales, because most people who do so either could not afford the original or would not have bought, not being able to afford something is not a justification for stealing if you are talking about something there is a limited supply, but games (and other digital goods) are infinitely replicable with no quality loss


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## ital (May 9, 2020)

Nintendo fiercely protect their IPs. Thats why they've maintained such high standards across the decades, you dweebs.

"Buh buh buh I wants ma Mariwarez"


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## linkinworm (May 9, 2020)

B4rtj4h said:


> Strange... Copyright is like for 20 years?


probably renews every time they release it on a new console, so last version was on the wii i think at least officially


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## banjo2 (May 9, 2020)

linkinworm said:


> probably renews every time they release it on a new console, so last version was on the wii i think at least officially


Wii U, actually


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## SomeKindOfUsername (May 9, 2020)

Fuck Nintendo, pieces of shit!
*continues to buy and play Nintendo games*


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## Kubas_inko (May 9, 2020)

I am amazed how good the switch port runs.


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## RedBlueGreen (May 9, 2020)

B4rtj4h said:


> Strange... Copyright is like for 20 years?


I'm  pretty sure you're thinking of a patent in the U.S.


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## StarTrekVoyager (May 9, 2020)

Surprised people are even making comparisons to fangame takedowns when this was literally an instance of piracy lol
I get people getting mad at the few fan works taken down in the past few years but expecting them not to take down literal free downloads of their games is not really realistic.


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## Silent_Gunner (May 10, 2020)

replicashooter said:


> Nintendo fiercely protect their IPs. Thats why they've maintained such high standards across the decades, you dweebs.
> 
> "Buh buh buh I wants ma Mariwarez"



"High standards" and Nintendo don't always go together. *internet service intensifies*

--------------------- MERGED ---------------------------



StarTrekVoyager said:


> Surprised people are even making comparisons to fangame takedowns when this was literally an instance of piracy lol
> I get people getting mad at the few fan works taken down in the past few years but expecting them not to take down literal free downloads of their games is not really realistic.



Then why is Google still your best friend?


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## Hells Malice (May 10, 2020)

Phenj said:


> 30yo Nintendrones will defend this



People with a simple understanding of the legal system especially surrounding IPs*

But I guess children gotta justify their blind hatred by purposefully pretending facts don't exist.


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## GBADWB (May 10, 2020)

StarTrekVoyager said:


> Surprised people are even making comparisons to fangame takedowns when this was literally an instance of piracy lol
> I get people getting mad at the few fan works taken down in the past few years but expecting them not to take down literal free downloads of their games is not really realistic.



albeit it is the correct move to shut it down, this is not piracy as there was no official port of 64 on pc, nor this is a game emulating the console using the directly ripped rom, The code used is not nintendo's code. calling this piracy is equivalent to a programmer writing a commonly used function and calling it piracy because the compiler's end result is the same. As the original code was never a copy (in fact, its probably not even a byte for byte copy either, because nintendo never set the original compiler optimization flag on 64, and this project probably did)

the end result is like piracy that it in the end goal gives 99% of the same experience as the original version, but the creation of it was not piracy at all because there was no code to copy in the first place.

The infringement is keeping the trademarked assets in the game, and not the game itself. If the references to every trademarked thing was removed, but the gameplay mechanics were the same, the project would probably be deemed legal.


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## ClickCLK (May 10, 2020)

The solution is simple: take out all assets from the game and make an utility to exctract them from n64 rom, which you must provide yourself. That's it. Nintendo can't DMCA you anymore and the project becomes completely legal.


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## Viri (May 10, 2020)

ClickCLK said:


> The solution is simple: take out all assets from the game and make an utility to exctract them from n64 rom, which you must provide yourself. That's it. Nintendo can't DMCA you anymore and the project becomes completely legal.


I'm pretty sure they already did something like that. The github only contains the program to do all the work, requiring you to have your own rom. People are doing the first step, and hosting the already decompiled and ported rom, which is what Nintendo is going after.
https://github.com/n64decomp/sm64

Also, it's going to become pretty funny when Mario 64 becomes the next Doom, and gets ported everywhere. "Can it run Mario 64?!"


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## LuigiXHero (May 10, 2020)

https://github.com/sm64pc/sm64pc

I mean the source to the pc port is here, just with no assets, requires a rom first.


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## Phenj (May 10, 2020)

Hells Malice said:


> People with a simple understanding of the legal system especially surrounding IPs*
> 
> But I guess children gotta justify their blind hatred by purposefully pretending facts don't exist.




```
Hells Malice:
Gender:Male
Birthday:Feb 6, 1992 (Age: 28)
```
Everybody laugh.


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## StarTrekVoyager (May 10, 2020)

GBADWB said:


> The infringement is keeping the trademarked assets in the game, and not the game itself. If the references to every trademarked thing was removed, but the gameplay mechanics were the same, the project would probably be deemed legal.


Oh yeah definitely. In fact this is why the hundreds, no, the thousands of Nintendo fan projects, sometimes extremely popular, keep living and will probably never receive takedowns.

Even then the rare exceptions to this rules are instances like AM2R where a project was a direct threat to an actual project at the time (which ended up being Samus Returns).


I feel like people forget that several Nintendo fan projects like Newer SMBWii, popular PM derivatives (Legacy XP/TE, Project+), CTGP-Revolution, or Super Smash Flash 2 never got shut down or even any threat of it, and most of those have 1M+ downloads, got news stories, and are between 5 and 10+ years old.


Of course Pokémon is a whole other story with how absurdly strict The Pokémon Company, Inc.'s copyright policies are, but even then we have instances like Showdown, so~

--



LuigiXHero said:


> https://github.com/sm64pc/sm64pc
> 
> I mean the source to the pc port is here, just with no assets, requires a rom first.



Oh hey, Nintendo went after 4chan pre-compiled DLs and not after the very obvious target that's freely available on GitHub. Gee, I wonder why.


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## ital (May 10, 2020)

Silent_Gunner said:


> "High standards" and Nintendo don't always go together. *internet service intensifies*


 
Sure, if you're going to switch context then anything can be interpreted as anything else but in regards to their IPs they've always maintained high standards as I said and they've done that from the jump which is why people know that a new Mario, Zelda etc.. will be a well polished title worth their time, money and attention and not another Sonic Cycle shafting or similar. 

They're on top of their game in that respect which is one of the reasons why they have had such great brand recognition over decades and consistently get paid, even though netdweebs know much better about how wrong they are and how they should actually be running their business. L O L indeed.


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## FAST6191 (May 10, 2020)

ClickCLK said:


> The solution is simple: take out all assets from the game and make an utility to exctract them from n64 rom, which you must provide yourself. That's it. Nintendo can't DMCA you anymore and the project becomes completely legal.


The code is still an asset.

It is not like someone watched the game, saw acceleration was this, jump behaviour was this and remade it in their own code (if you want to go further see something called clean room reverse engineering). The code was taken from the ROM itself, that it went via a decompiler is immaterial in this.
At very best you could try some kind of interoperability claim (most law has provisions for this one) but that is still something I would expect you to have to argue, and argue hard, in court.

They would still have trademarks on their side as well, and while there are workarounds for that from what I have seen none of them are employed.



GBADWB said:


> albeit it is the correct move to shut it down, this is not piracy as there was no official port of 64 on pc, nor this is a game emulating the console using the directly ripped rom, The code used is not nintendo's code. calling this piracy is equivalent to a programmer writing a commonly used function and calling it piracy because the compiler's end result is the same. As the original code was never a copy (in fact, its probably not even a byte for byte copy either, because nintendo never set the original compiler optimization flag on 64, and this project probably did)
> 
> the end result is like piracy that it in the end goal gives 99% of the same experience as the original version, but the creation of it was not piracy at all because there was no code to copy in the first place.
> 
> The infringement is keeping the trademarked assets in the game, and not the game itself. If the references to every trademarked thing was removed, but the gameplay mechanics were the same, the project would probably be deemed legal.



It is Nintendo's code. A decompiler does not pluck code of thin air but directly reads the original compiled version and recreates it from fairly direct (no real creative input, not that it matters for the purposes of clean room reverse engineering) methods. Functionally it is no different to say stripping the comments out of the code and then declaring it your own, or disassembling the ROM and calling it your own. Decompilers themselves are some of the most interesting and creative pieces of code I have ever seen but the results of using one are a different matter.
Most copyright also makes use of a concept like substantial similarity -- I can't go to an art gallery of a painting made last year, take a picture, make it black and white (never mind say tweak a red to be slightly more vibrant) and sell a million copies.
Official PC port, or lack thereof, matters not one bit for anything -- in some instances, say hardcore industrial gear used only by super high end professionals, when discussing trademarks you might argue that no customer would be fooled but in this case Nintendo would just point at the long list of clueless grandparents, parents and the like buying games for their kids as a primary customer and at that point you might not be sanctioned but the waste of time making that argument would be noted by the judge and likely any jury you just made it in front of.

Equally while I imagine some assets might be trademarked (say the logo and name), or some kind of trade dress or noted colour scheme (the red and blue of mario perhaps) in those places with such protections it is the copyright that such things will mostly be concerned with when the game's assets are the thing in question.



linkinworm said:


> probably renews every time they release it on a new console, so last version was on the wii i think at least officially


Any extra creative work would gain additional copyright for the full duration. The previous releases are still within the same timeframe they originally had -- you can't string things out infinitely.

The usual example given of this sort of thing is public domain books, this is to say books of works long out of copyright. The text itself might be public domain but the typesetting (if you have ever written a document and then had to go back through to make sure it all lines up, new pages where you need it, contents page and whatever else you know how much as a pain that is), font used (assuming fonts are copyrightable in the jurisdictions concerned), any preface added and so forth mean you likely can't just photograph all the pages of your new rerelease and share them with the world, though you can OCR the original work from it all, stick it all together and go from there.

In some cases it is also why some galleries don't like you taking pictures of their old paintings (US wise this year saw works from 1923 hit copyright free status https://web.law.duke.edu/cspd/publicdomainday/2020/ ) as they might be making money from selling reprints and if they own all the best/only scans already...

This can make things harder if originals are hard to come by to scan back in, dump or otherwise digitise but I don't imagine that will be a problem if the ROMs are already known.


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## ClickCLK (May 10, 2020)

FAST6191 said:


> The code is still an asset.
> 
> It is not like someone watched the game, saw acceleration was this, jump behaviour was this and remade it in their own code (if you want to go further see something called clean room reverse engineering). The code was taken from the ROM itself, that it went via a decompiler is immaterial in this.
> At very best you could try some kind of interoperability claim (most law has provisions for this one) but that is still something I would expect you to have to argue, and argue hard, in court.
> ...



Sorry, I don't have time right now to read through your whole post, but as far as I know (and I may be wrong on this) to recreate code from reverse engineering you first need to get asssembler code from decompilation and then translate it to any high level lanuage (I oversimplified this but I think you get the idea). So when you recreating high level code from compiled binary you basically redoing everything and your code becomes nothing like original source code, because you do same things in different ways. I'm no expert on this stuff, but I never saw any program built by decompilation to get into legal trouble except the cases where leaked code was used. My evidence to back this claim is the fact that nintendo doesn't go after original decompilation project, which is readily available at github.

P.S: will for sure read through your whole post and will read about clean room reverse engineering when I'll have time.


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## FAST6191 (May 10, 2020)

ClickCLK said:


> Sorry, I don't have time right now to read through your whole post, but as far as I know (and I may be wrong on this) to recreate code from reverse engineering you first need to get asssembler code from decompilation and then translate it to any high level lanuage (I oversimplified this but I think you get the idea). So when you recreating high level code from compiled binary you basically redoing everything and your code becomes nothing like original source code, because you do same things in different ways. I'm no expert on this stuff, but I never saw any program built by decompilation to get into legal trouble except the cases where leaked code was used. My evidence to back this claim is the fact that nintendo doesn't go after original decompilation project, which is readily available at github.
> 
> P.S: will for sure read through your whole post and will read about clean room reverse engineering when I'll have time.


That is the way most people do it, especially in games, mainly as it is the easiest way to do it effectively.

If you are doing super legit you have to hold yourself to higher standards and anybody that either worked on the original or has glimpsed at a disassembly (or nowadays, or previously for Java/python/C#, decompilation) probably gets to sit things out, and if you can does not get to program the final product (see how Dolphin will bar anybody that cops to having viewed leaked SDK type info from the project).
In this case you get to observe the game/protocol/results of pressing save file in action and recreate that.
This is quite doable for say a binary format (you can save a document, bold it, save it again and compare the two quite happily, before rinsing and repeating for italics, right aligned text, underline, hyperlink and frankly 70% is probably good enough for people to start making use of whereas 70% of a game... hmm maybe that is why 7/10 is considered a bad score), network protocol or communications protocol but doing it for a game gets to be a nightmare (imagine how many behaviours there are in games*, and how many levels are built to take advantage of precision there).

*if we are talking mario 64 think how direction, acceleration, timings and max distances (plus the whole half a press thing) is just involved, along with hit boxes, in the basic jump, now repeat for sideways, triple, long jump, wall kick and all the others, plus all the enemies, plus all the damaging things, plus modify for hats, modify for water, modify for sliding, and any behaviours with a camera. Some have done it in games (while most of the likes of https://osgameclones.com/ are from devs that released source code there are some that observe behaviours) but it is a rarity, and almost always strategy games, flash games, old school arcade games and homages to them. Such things also make a reasonable case study in trademark dodging as well -- most of the names not being the same as the game they remake for a reason.


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## stanleyopar2000 (May 10, 2020)

Scarlet said:


> It's not like it really matters at this point. Once a finished project is out there, it'll always be there.
> 
> Just a shame some of the incomplete fan projects announced their work too early and never saw a finished release.


*Cough* BomberGames Streets of Rage Remake


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## urherenow (May 10, 2020)

I haven't seen the switch port yet, but I just built the PC version from both the master branch, and again with the camera-rebase branch. Not only does it run AMAZING, but the camera-rebase branch is the coolest thing since ice cream! Not only does it give you analog camera control with the "c" buttons, but they added a config menu to the pause menu, and one of the options is to enable the mouse for looking around with the camera! The "c" buttons still work when you turn the mouse on, in case anybody is wondering.

This is unbelievably cool. 

EDIT: and apparently, very active development. Barely an hour later and the new camera branch was merged into master along with other fixes.


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## ChibiMofo (May 10, 2020)

64bitmodels said:


> Yes because a project that has the potential to make a super mario 64 remake with new levels, graphics, and all the content from the ds version alongside the buttery smooth n64 movement should totally be removed.
> never change nintendo... or should i say nintendmca


Right because illegally misappropriating copyrighted intellectual property should totally be ignored by owner of said property. Are gamers really... Oh, I better not finish that sentence. Just because you want something doesn't make it legal, ethical or right. And Nintendo is DEFINITELY not the bad guy here. They are the victim. Not acknowledging that obvious fact is not very grown up.


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## Silent_Gunner (May 10, 2020)

replicashooter said:


> Sure, if you're going to switch context then anything can be interpreted as anything else but in regards to their IPs they've always maintained high standards as I said and they've done that from the jump which is why people know that a new Mario, Zelda etc.. will be a well polished title worth their time, money and attention and not another Sonic Cycle shafting or similar.
> 
> They're on top of their game in that respect which is one of the reasons why they have had such great brand recognition over decades and consistently get paid, even though netdweebs know much better about how wrong they are and how they should actually be running their business. L O L indeed.



Still doesn't change the fact that there's not much reason to play a game on my Switch when it's mostly ports of games on other platforms, or ports from the Wii U that make sense, but why not port all of the Wii library as well? You'd think they'd be able to re-adapt all of the games with motion controls to work better than they did on the Wii. Now there's some ports that have some sense to be made if such an endeavor can be undertaken with success!


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## SaberLilly (May 10, 2020)

I'm not surprised


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## Stealphie (May 10, 2020)

SaberLilly said:


> I'm not surprised


no one is


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## Bladexdsl (May 10, 2020)

only nintendo can own mario. and anyone named mario


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## Gon Freecss (May 10, 2020)

Silent_Gunner said:


> "High standards" and Nintendo don't always go together. *internet service intensifies*
> 
> --------------------- MERGED ---------------------------
> 
> ...


DuckDuckGo better


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## Viri (May 11, 2020)

SaberLilly said:


> I'm not surprised


No one is. If they got Github to nuke the script that contains no copyrighted work, then I'd be surprised.

https://github.com/n64decomp
Can't wait for a native Perfect Dark port on PC! Since Rare refuses to port over Rare Replay.


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## Milenko (May 11, 2020)

Viri said:


> No one is. If they got Github to nuke the script that contains no copyrighted work, then I'd be surprised.
> 
> https://github.com/n64decomp
> Can't wait for a native Perfect Dark port on PC! Since Rare refuses to port over Rare Replay.



Goldeneye too, I'd love a switch port seeing as emulating it is still pretty bad performance wise


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## weatMod (May 11, 2020)

64bitmodels said:


> Also, i know ive said this time and time again- but Nintendo already makes critically acclaimed games while Sega's just... mediocre.
> They need fan projects to help keep interest in their franchises, and they need those same fans to help them make new games. (cough cough Sonic Mania cough cough) Nintendo on the other hand has much better games, so they are much more protective of their IPs and doesn't nessacarily need fans. not that i approve of what the latter does, A mario 64 port wouldve given us a goldmine of amazing stuff!!!


yesh they have mich better games but they still have a major problem with production their franchises go  like a decade before they make a new note worth title   and the gaps between  the good games of a franchise just keeps on expanding


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## Dr.Hacknik (May 11, 2020)

SkyDX said:


> That's not how it works from my understanding though, the code on Github is not theirs at all, it's a different source code.
> 
> What basically happened is this:
> 
> ...


They decompiled the game, took the Engine source code and stripped anything that would be considered theirs. They basically took the classes, methods, etc and rewrote them and made it better. It's still the same engine, just better.


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## snobbysteven (May 11, 2020)

Sad to see, but also not surprised. But I am glad it is already out there so I can get my copy to play anyways


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## XDel (May 11, 2020)

I hope Nintendo ruins lives! Serves them right. 
Alles ist Kapital


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## goldensun87 (May 11, 2020)

I got my copy, but I can't play it yet because I am on Windows 7 and the program requires DirectX 12.  Doesn't matter though, I back up all my PC games anyway.


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## PH1NX (May 11, 2020)

THE BEST NOTICE IN THE 2020 XDD


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## Milenko (May 11, 2020)

Viri said:


> No one is. If they got Github to nuke the script that contains no copyrighted work, then I'd be surprised.
> 
> https://github.com/n64decomp
> Can't wait for a native Perfect Dark port on PC! Since Rare refuses to port over Rare Replay.



Says in the repo thay the goldeneye decomp works?


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## zecoxao (May 11, 2020)

i have literally no idea why they are dmca'ing this and not the anon leaks links for the stuff on 4chan. Nintendo went full retard this time


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## Bladexdsl (May 11, 2020)

zecoxao said:


> i have literally no idea why they are dmca'ing this


because it has mario in the title


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## SkyDX (May 11, 2020)

Dr.Hacknik said:


> They decompiled the game, took the Engine source code and stripped anything that would be considered theirs. They basically took the classes, methods, etc and rewrote them and made it better. It's still the same engine, just better.



Of course in a way, I'm just saying that what's left should be different enough for Nintendo not being able to claim it.


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## 64bitmodels (May 11, 2020)

jesus christ this has the most posts ive ever seen in a GBAtemp news thread yet.


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## ital (May 11, 2020)

Silent_Gunner said:


> Hurr durr!


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## FAST6191 (May 11, 2020)

SkyDX said:


> Of course in a way, I'm just saying that hat#s left should be different enough for Nintendo not being able to claim it.


Barring an interoperability defence (there are allowances for reverse engineering for the purposes of interoperability) I don't see how that would be a thing from this project. Code is eligible for protection just as any other creative work is and this is Nintendo's code (or a derived product thereof that is functionally identical in terms of the end result). At very best you could put a diff from a known baseline so it is only your changes to the code that get shared and someone gets to provide both the ROM and the baseline source code.


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## Bladexdsl (May 11, 2020)

64bitmodels said:


> jesus christ this has the most posts ive ever seen in a GBAtemp news thread yet.


bah you ain't seen nothing yet i've come back to threads with 20+ new pages. i think the last one was when sx os was first released all the atmos boys declared war on it


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## BaamAlex (May 11, 2020)

The dude who made this used copyrighted code from nintendo. Makes sense that they make a claim correct? Stupid dude.


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## SkyDX (May 11, 2020)

FAST6191 said:


> Barring an interoperability defence (there are allowances for reverse engineering for the purposes of interoperability) I don't see how that would be a thing from this project. Code is eligible for protection just as any other creative work is and this is Nintendo's code (or a derived product thereof that is functionally identical in terms of the end result). At very best you could put a diff from a known baseline so it is only your changes to the code that get shared and someone gets to provide both the ROM and the baseline source code.



But isn't the point of this project that it's not the same code, just different code with the same end result? Reverse Engineering has been deemed legal for these things and none of the leaks were used in this project.


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## FAST6191 (May 11, 2020)

SkyDX said:


> But isn't the point of this project that it's not the same code, just different code with the same end result? Reverse Engineering has been deemed legal for these things and none of the leaks were used in this project.


The point is that there is the code for it, as opposed to having to hack it from assembly level (which is a nightmare), not be constricted by the limitations of the N64 or emulations of it, not have to emulate it and not have to spend 20 years or so recreating the code via legit means (observing it working, writing your own matching code, observing the formats and interpreting them).
Nintendo's code was used to create it, it produces a physically identical result to Nintendo's code and no via coincidence either.

If you did something like this in industry, other than to test your competitor's product for code stolen from you, you would be fired on the spot.

"The leaks"
True, and none of the previous ones either (Nintendo generally leaks like a sieve). That matters not one bit in this.


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## dcx6723 (May 11, 2020)

goldensun87 said:


> I got my copy, but I can't play it yet because I am on Windows 7 and the program requires DirectX 12.  Doesn't matter though, I back up all my PC games anyway.


There is an Opel GL port for Windows also.


----------



## PhyChris (May 12, 2020)

dcx6723 said:


> There is an Opel GL port for Windows also.


people are already modifying the code adding features 'free camera with right stick' for example 

Edit: meant to quote the other guy lol


----------



## HideoKojima (May 12, 2020)

Plot twist: Wildwood Law Group LLC is paid the game developer so that Nintendo use their services.


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## windwakemeupinside (May 12, 2020)

I mean... it's a port. of Mario 64. It's just Mario 64, it's not a romhack, it's not a fangame; it's literally Super Mario 64 but on PC. If any game was destined to get slapped to the stratosphere legally by Nintendo, it would have been this. And apparently they are only going after uploads of the compiled project in which case... no shit? How did people not see this coming from half the globe away?


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## PhyChris (May 12, 2020)

windwakemeupinside said:


> I mean... it's a port. of Mario 64. It's just Mario 64, it's not a romhack, it's not a fangame; it's literally Super Mario 64 but on PC. If any game was destined to get slapped to the stratosphere legally by Nintendo, it would have been this. And apparently they are only going after uploads of the compiled project in which case... no shit? How did people not see this coming from half the globe away?


Yeah. the 'fan source code' should be legally fine BUT the unincluded ROM needed to compile it will depend on if you own the game.

this will lead to some huge mods, just wait until the HD texture pack is applied.


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## Milenko (May 14, 2020)

How far along is the goldeneye decomp?


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## crea (Jan 28, 2021)

I find the entitlement and overall ignorance of some users in this thread astonishing.
Apparently you did not understand a single thing of the whole legal and homebrew discussion.

It is completely acceptable to open a device up that you bought, thus legally own. Including from a moral standpoint. This has been debated over and over.

That of course does in no way mean now you are entitled to the whole software library of said device for free...or you can now port the software of the system to any other system...are you crazy? What on earth gave you that impression?

To say Nintendo is "the bad guys" for merely protecting their intellectual property, the games many skilled programmers worked very hard on for years, they invested millions of dollars in, is just insane.


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## Jokey_Carrot (Jan 28, 2021)

Cause it's better than the aids 3d all stars version.


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## FAST6191 (Jan 28, 2021)

crea said:


> That of course does in no way mean now you [snip] can now port the software of the system to any other system...are you crazy? What on earth gave you that impression?



That is actually a different debate.
Many courts have ruled for interoperability in the past for all manner of things (one of the defences of emulation even) and I would go so far as to say it is a fundamentally if not understood then appreciated right in such things and a very persuasive argument should you find yourself in court and can make it.

Now whether you can decompile and disseminate the results, never mind sell them, would be a different matter entirely (one I can well see ramming straight into derived work status for this instance, it being anything but a clean room effort and containing some flavour of actual creative expression in the base source code). Whether you can do it in the comfort of your own home so to speak... functionally I don't see it as all that different to emulation* and would likely fall under the usual "do you own a copy and are not running more copies than you have rights to?" deal.


*or API stuff like WINE (granted https://copyrightalliance.org/copyright-law/copyright-cases/oracle-america-v-google/ will probably be a one to watch there), and before you try to make a distinction there consider that high res texture replacement and general expansion by means of Lua scripts has been a thing for many many many years now, or custom emulators colouring outside lines in general.


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## crea (Jan 29, 2021)

Okay, interesting.
Applied to this case, as long as you own Mario64 on any other plattform and are able to extract it from the module, you might be legally allowed to run it on an emulator.

In turn the port programmers, to be legally on the save side, need to make sure everything contained in the original module is left out and only later added by the legitimate owners.
But I think this is where the issue was, they included some contents of the module...?

Of course this hurts in regards to the amazing final result, but arguably the 4K texture pack is also a grey area, as it uses, or is based on the original artwork, then distributes it. Modifications are not part of the portation to other plattforms idea.

Unfortunate that the Mario64 PC port collided with Nintendos own recent Switch port, else they might have let is slide, as with so many other stuff that is not blatant pirating.


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