Nintendo wins legal case over ROM site, site owner ordered to pay $12 million in damages

wiewiec · Nov 13, 2018

I think Nintendo is very angry that switch was hacked so quickly they ban vave, fight rom sites (why now? not before?), flags yt videos (showing sx cfw, game hacks, tutorials etc).

the_randomizer · Nov 13, 2018

Exaltys said:
Ideal situation is a SNES with an upscale. Flashcart that has the whole library on it and you have you real collection stored nicely or displayed.

Which is what the Super NT does...it scales pixels perfectly to 720 or 1080, the former looking the best. FPGA emulation for the win.

smf · Nov 13, 2018

wiewiec said:
(why now? not before?)

They have done it before.

https://www.gamasutra.com/view/news...own_against_Kickstarter_for_NES_photobook.php
https://torrentfreak.com/nintendo-shuts-down-donkey-kong-remake-for-roku-170630/
https://arstechnica.com/gaming/2016/09/nintendos-dmca-backed-quest-against-online-fangames/
https://gadgets.ndtv.com/games/news...n-games-hit-with-dmca-takedown-notice-1455068

Years ago they went after arcade rom sites, some sites decided not to carry anything by nintendo.

Deleted User · Nov 13, 2018

The thing here is, Nintendo is probably claiming damages considering all the games, and while you can buy a lot of games on their digital stores at the moment, how the hell am I supposed to get legit copies of games they don't provide?

the_randomizer · Nov 13, 2018

Sharinflan said:
The thing here is, Nintendo is probably claiming damages considering all the games, and while you can buy a lot of games on their digital stores at the moment, how the hell am I supposed to get legit copies of games they don't provide?

Inb4 "buy them from some dumbass scalper on eBay"

Hate to break to Nintendo, but uh, too bad for them I have the entire Snes ROM set, so...they can suck it.

Silent_Gunner · Nov 13, 2018

https://www.escapistmagazine.com/ne...-Gabe-Newell-Says-Piracy-Is-a-Service-Problem

'Nuff said.

Deleted User · Nov 13, 2018

the_randomizer said:
Inb4 "buy them from some dumbass scalper on eBay"

Hate to break to Nintendo, but uh, too bad for them I have the entire Snes ROM set, so...they can suck it.

Thing is, that doesn't give money to Nintendo, does it?

Silent_Gunner · Nov 13, 2018

the_randomizer said:
Which is what the Super NT does...it scales pixels perfectly to 720 or 1080, the former looking the best. FPGA emulation for the win.

It also emulates electrons running through reality!/s

the_randomizer · Nov 13, 2018

Silent_Gunner said:
It also emulates electrons running through reality!/s

Excuse me? Did I stutter? It's hardware emulation, I don't see what the issue is, no need to be cute. At the end of the day, FPGA, for as good as it is, is still hardware emulation.
People claim "it's not emulation", which isn't true.

Sharinflan said:
Thing is, that doesn't give money to Nintendo, does it?

Nope, just to those eBay rabble. idiots claim that used games are worse than piracy, not sure how, but let the babies have their way I guess.

Silent_Gunner · Nov 13, 2018

the_randomizer said:
It's hardware emulation, I don't see what the issue is, no need to be cute.

What I'm referring to.

the_randomizer · Nov 13, 2018

Silent_Gunner said:
What I'm referring to.

And? Ask Byuu, he himself talked about the Super NT, it's hardware emulation, I don't see what the problem with me saying it.

https://byuu.org/articles/fpgas-arent-magic/

TLDR - it's not more accurate than Higan

SG854 · Nov 13, 2018

Some people blame Nintendo for not releasing roms quick enough but the majority of games are not Nintendo made. It’s not up to them to release the games. It’s up to the original publishers.

And the majority of popular Nintendo made games have been released on multiply consoles. It’s an unfair criticism to say that Nintendo is the reason some of the games aren’t available.

Subtle Demise said:
That's only because apparently there are limits to how much you can legally sue someone for. They basically asked for the maximum and got it.

Yeah, profiting off of piracy is immoral and stupid, and they do deserve to get sued for that, but did they even break $1 million in subscriptions, let alone 12 million? Was any of it actual profit, or did it just offset hosting costs? There are a lot of unanswered questions about that one. I still disagree with the 12 million judgment, not that it matters.

Not only subscription fees, revenue made through ads.

Nintendo seeked to get $150,000 for each copyright infringed work. And $2,000,000 for each infringed Trademark.

The agreed 12 million is a small fraction of what they could get. And probably a deterrent that scared off many rom sites with an even lower amount agreed behind closed doors.

the_randomizer · Nov 13, 2018

SG854 said:
Some people blame Nintendo for not releasing roms quick enough but the majority of games are not Nintendo made. It’s not up to them to release the games. It’s up to the original publishers.

And the majority of popular Nintendo made games have been released on multiply consoles. It’s an unfair criticism to say that Nintendo is the reason some of the games aren’t available.

Not only subscription fees, revenue made through ads.

Nintendo seeked to get $150,000 for each copyright infringed work. And $2,000,000 for each infringed Trademark.

The agreed 12 million is a small fraction of what they could get. And probably a deterrent that scared off many rom sites with an even lower amount agreed behind closed doors.

How is it up to the original publisher if Nintendo published their own games? They have 100% control over their own IP, I don't think they need to get a license agreement over their own games. And what right do they have to take down games that aren't even their IP?

Most of their first party library isn't even on VC or eShop. That's hardly a majority. N64 games? Only 21 released on Wii U and the same on Wii, that's hardly a majority of the 300 or so N64 games in its entirety, so it's very much a valid criticism when they have control over their own IPs, they very much have the rights to make their own digitally available.

Why the hell go after ROMs that aren't even Nintendo ROMs?

SG854 · Nov 13, 2018

the_randomizer said:
How is it up to the original publisher if Nintendo published their own games? They have 100% control over their own IP, I don't think they need to get a license agreement over their own games. And what right do they have to take down games that aren't even their IP?

Most of their first party library isn't even on VC or eShop. That's hardly a majority. N64 games? Only 21 released on Wii U and the same on Wii, that's hardly a majority of the 300 or so N64 games in its entirety, so it's very much a valid criticism when they have control over their own IPs, they very much have the rights to make their own digitally available.

I’m talking about games not made by Nintendo. Majority of games released on NES, SNES and N64 are not Nintendo made. It’s up to them to want to release these games not Nintendo.

How many of those 300 N64 games are Nintendo made?

SG854 · Nov 13, 2018

I counted 28 N64 games published by Nintendo. 2 you can take off the list since Banjo Kazooie are not controlled by Nintendo anymore. So 26.

The N64 Wii VC list has majority published by Nintendo except for 2 games. So that’s 19. Which is the Majority of their popular games. Except for Pokémon Stadiums and I think Hal has control of those games.

And about the same amount of N64 on the Wii U VC 21 games total.

medoli900 · Nov 13, 2018

SG854 said:
I’m talking about games not made by Nintendo. Majority of games released on NES, SNES and N64 are not Nintendo made. It’s up to them to want to release these games not Nintendo.

How many of those 300 N64 games are Nintendo made?

Out of the 388 licensed game, 15 were made by Nintendo, and 4 by HAL Laboratory. What I'd like to know is what ROM exactly were they sued for. If a ROM sharing site would only share third party games (so the 369 N64 game left, for example) would Nintendo still have grounds to sue them? Of course, other company still can sue them, but is the publisher of a legacy console still had that kind of legal ground in that case?

the_randomizer · Nov 13, 2018

SG854 said:
I’m talking about games not made by Nintendo. Majority of games released on NES, SNES and N64 are not Nintendo made. It’s up to them to want to release these games not Nintendo.

How many of those 300 N64 games are Nintendo made?

And we both know it'll be a cold day in hell before it does. So I say, screw it, and download a crap load of ROMs because companies are too lazy to work out licensing issues and we're forced to be stuck with boring NES games on Switch.

medoli900 · Nov 14, 2018

the_randomizer said:
And we both know it'll be a cold day in hell before it does. So I say, screw it, and download a crap load of ROMs because companies are too lazy to work out licensing issues and we're forced to be stuck with boring NES games on Switch.

Licensing issue is way more complex than you think it is. For example, Rare is now owned by Microsoft. Why would Microsoft let one of their direct competitor release some of their game. Also, some company does not exist anymore, so licensing is literally impossible.

the_randomizer · Nov 14, 2018

medoli900 said:
Licensing issue is way more complex than you think it is. For example, Rare is now owned by Microsoft. Why would Microsoft let one of their direct competitor release some of their game. Also, some company does not exist anymore, so licensing is literally impossible.

This is why emulation/ROMs is such a nice solution, even if it is illegal. There's no other easier, legal alternative for those licensing issues, and well, I don't see that changing ever. Thanks a lot, stupid licenses. The way Nintendo is flagging even third party games they don't own, is a dick move. Just flag the first party games and be done with it.

Oh and copyright laws? They're convoluted bullshit too.

CORE · Nov 14, 2018

All these old Games key word OLD GAMES including those abandoned and Expired Licenses had their f***ing day and not all are owned by Nintendo and are somewhat extinct when it comes to buying them Nintendo made their money , instead of suing to Bully and Intimidate Money outta People how about make some F***ing Games they F***ed over the best Nintendo Console ever and instead of improving SPECS and Features they take away Second Screen and port over from previous Gen not just from WiiU and fill their vast majority of Indie Titles most of which are on PC and other Platforms with Superior Gameplay Graphics Online Features not to mention in most cases Cheaper.
An (optional) Tablet Controller like the Wii U and PS4 type Specs would have been nice only thing I like about Switch is it basically a Handheld while Microsoft and Sony Battle Home Console Market it like Android Market and Windows Market Mobile Devices and PCs. WiiU was the last true Console.

People just like myself have spent Hundreds and Thousands into Gaming we are entitled to Protect our F***ing Investment and Play whatever over last couple decades including old ROMs If you dont OWN what you BUY then you should not be Selling now F**k OFF!

Nintendo The Entertainment Company Moto = Need more money Sue for quick fix.

NOW YOUR PLAYING WITH POWER! CORPORATE LEGAL POWER!!!

SG854 · Nov 14, 2018

medoli900 said:
Out of the 388 licensed game, 15 were made by Nintendo, and 4 by HAL Laboratory. What I'd like to know is what ROM exactly were they sued for. If a ROM sharing site would only share third party games (so the 369 N64 game left, for example) would Nintendo still have grounds to sue them? Of course, other company still can sue them, but is the publisher of a legacy console still had that kind of legal ground in that case?

I don’t think they would’ve been able to if they didn’t have Nintendo roms. A few sites didn’t have Nintendo roms for protection.

You would also have to count NES, SNES, GBC, GBA, NDS and Arcade games with N64 roms. That’s a lot to get sued on.

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