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

Sychophantom

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I believe the way it works is that if you have purchased a game, you have the right to own a single backup in case the original purchased product becomes lost, stolen or unplayable (if the product is sold off or given away the backup becomes illegal and has to be deleted). It is still illegal however to posess two or more backups of the same game, as it indicates that it is being used for unlawful personal benefits.

This law also applies to Digital Media such as DVD's and CD's.

Don't ask me where the law is, but that's what I have heard.


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

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

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

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

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

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

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

MarioFanatic64

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

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

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

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

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

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

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

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

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

It's either that or I'm wrong, and that a dump can only legally be used on the system that it was originally intended for.
 

MarioFanatic64

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I really want to know if you can map the buttons on newly released VC games. B/A is tiring. I want to get this but B/A its ughz... Y/B is more appropriate for this game or any other VC game.

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

Sychophantom

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

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

It's either that or I'm wrong, and that a dump can only legally be used on the system that it was originally intended for.


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

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

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

Tekken179

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

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

Rizsparky

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

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

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

Hanafuda

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Great, but I kinda want a Super Mario Allstars+World release.

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

The_Hulkster

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I'd have thought the SNES version would've been the better choice. Hell, for that matter why don't we have a 3D remake of the Super Mario All Stars + World cartridge? For that, Nintendo can have my points card with a happy ending. Throw in a full 3D Classics version of the original Starwing and I'll have my frankly gorgeous best friend Amelia be your personal slave for the day. And that chick can suck a golf ball through 20 feet of garden hose.

Pics please.
 

mechagouki

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

Tekken179

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

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

Tekken179

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

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

Rizsparky

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

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

MarioFanatic64

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

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

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

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

SKJmin

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

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

Just watch yourself [Trailer of 1.0]:


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

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

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