Gaming Nintendoh NEED to drop prices to stay in the game

chartube12

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I't not illegal in various countries to make backups, as long as you have a copy of the original for each backup. In the US and those other countries, you have to make the backups yourself.
 

s4mid4re

 
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Wow, just wow. Who said that I'm playing the game illegaly?

You did...

If I can play Zelda LA on my smartphone, on my PC, on my notebook, on my tablet, on my netbook, maybe even on my television directly (Android TVs)..

The only possible way to play a gameboy game on a smartphone/pc/notebook/tablet/netbook is illegally. If the game was never commercially released on those systems, the only way to do it is through illegally obtaining the ROM of the game, which is either piracy if you downloaded it from an external source, or just plain copyright infringement if you backed it up yourself.
Not once in your reply did you suggest playing Zelda on your gameboy color.
You can not compare the price of a legal download with the freeness of an illegal one if you're complaining about value for money. Besides, whos to say they aren't only charging for the work that wend into the emulator and for distribution?
Backing up yourself isn't copyright infringement, unless you upload it or redistribute it.
Actually, as Nintendo have said you are not allowed to do it, it IS.
lol I never knew nintendo was the law.

That's how copyright works. Why don't you know that?
If you create something, it is your decision alone as to who is allowed to copy that thing.
If you make a really cool (or even terrible) piece of music, you can either say "everyone is allowed to freely copy this music" or you can say "nobody is allowed to copy this", which is where copyright comes in copyright = right to copy.
so in this situation, as Nintendo owns the copyright to it's own library of games (as you would expect) and they have said very openly online, the 'fair use' 'legitimate backup' rules are very narrow and to not include most video games as they are very unlikely fail during normal prolonged use, so Nintendo are legally allowed to tell you that you can't have a backup copy of their games because 1. it's illegal and 2. there is no legit reason to have one.
1) it's not illegal, so Nintendo doesn't have a right to say that it's illegal.
2) if you own copies of the game, but your system is broke, you can resort to backing up + emulating. Legit and legal enough.

Seriously though, if you want to convince me that it's illegal to create back-ups yourself from your own bought copies, give me some back-up information.
 

s4mid4re

 
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The DMCA makes it illegal to circumvent any copy protection in the process of making the backup.
Okay, I was kind of iffy about him glorifying nintendo. That makes a little more sense to me, although I'm not sure whether backing up content would really circumvent any copy protection. For old systems (say, the NES) I doubt there were any protection, since piracy was such a minor thing. Does that mean that games without protection are out of the equation? Or were there actually protection on games for older systems as well? I'd be glad if people could elaborate a little more.
 

spinal_cord

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Wasn't glorifying Nintendo. Was just informing you that whoever creates some media, be it game, music, painting, book etc. has the legal right to say who can and can't make copies of it. If you wrote a book, you have the legal right to stop people from making 'backup' copies of that book, even if they own the original.
Plus, copyright law stays in effect for 75 years after the creation of the media, so absolutely no commercial video games at all can legally be backed up (without express permission from the copyright holder) for at least an other 35 or so years.

You can not backup video games under the guise of 'fair use' as that would imply that a backup would be the only feasible way to use the video game. e.g. your local library using a backup of an audio book cd because through normal use it would probably get damaged. You can not claim this for (using your example) a gameboy game that you own because in normal use it is very unlikely to become damaged, therefore there is not right to a 'fair use' copy.
Which brings me back to my point. You can't compare the price of a legit purchase to that of a free pirated copy.
 

Qtis

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Not sure if this is also a part of the DMCA, but in Europe, where I live (Nordic countries), there are some countries that have banned circumvention of copy protection, but if the user is unaware of the circumvention it's technically legal. In other words, copying a DVD with protection with a normal burning tool that makes it possible to create backups (Nero for example) is perfectly legal regardless if the DVD is protected or not. Also iTunes using some copyprotection circumvention is basically the same thing. Proving that you are unaware of the protection is another matter..

On the matter of prices, I'd like to see a real emulator in the works with possibilities of trying out some games. Limited to an hour of playtime or something else like that could really result in nice sales :)
 

Omega_2

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The thread topic is a tad inaccurate to the subject matter, best fix it or there will be more derailing by everyone.
Your topic should include the fact that you mean the e-Shop.
 

Spidey_BR

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When you buy a game you buy the right to play the game. You've paid to have access to that data. It's legal exploitation (by means of LOBBY, how do you think the DMCA came to be?) to extend this to a single platform.T
The developer paid the platform owner for the right to develop targeting some console, but that is part of the COSTS of development and production, it's not a part of the cost of sale, at the end of the chain. I paid for the data, I didn't pay for the right to play the game on this and only this platform. It's only guaranteed to run on that, that's fine, but console companies can't deny my right to use the data however I like. I mean, besides distributing it. If I'm wrong, what's the point of declaring emulators to be legal to code and use?

Back to my last post, someone asked how I know that they aren't charging for the emulator only. Well, they could be, but then, they are charging the same for every game. If I paid for the emulator, why pay again? I mean, they could even use open source, already coded emulators, just porting it to the 3DS. The month the 3DS gets a good flashcart emulators will pop up, ports are easy to do, and the 3DS is hardly different from the DS in a programmer's view.

So, they could charge X dollars for the emulator, and Y dollars for each game on a given platform. And, of course, let the user download their own backups to their SD card using a computer and SD card reader. But they won't. Because they get to sell us the same content over and over again, and protected by flawed, bought, laws.
 

spinal_cord

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1) it's not illegal, so Nintendo doesn't have a right to say that it's illegal.
2) if you own copies of the game, but your system is broke, you can resort to backing up + emulating. Legit and legal enough.

Seriously though, if you want to convince me that it's illegal to create back-ups yourself from your own bought copies, give me some back-up information.

OK then, in some countries, you are allowed to keep a backup of software you have purchased. However, you have to have made that backup yourself for it to be legal. Are you telling me that Spidey_BR or most other people suggesting that they have 'legal backups' of their games have the correct hardware and software to backup gameboy(color) games?
 

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People seem to ignore the fact that if Nintendo wants you to pay for something again, on a newer platform, here's the thing: THAT'S THEIR RIGHT. As of the moment, the 3DS is unhacked. The only way to play older gameboy games is through the eShop. Which you can buy for a fraction of their original price at release. Every single VC runs on an emulator that was tailored to the specific game it is emulating. Every single VC game they release most likely needs some kind of tweak because of this. I'd say between $2 and $6 seems about right to rebuild and optimize their emulator.

If you don't want to buy them, then DON'T BUY THEM. Quit your bitching.

Also apparently I'm dumb and thought the thread was 3 pages long. So w/e.
 

Spidey_BR

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It's their right, sure, but it's still not just.
About the "each game requires a tweak to the emulator", they sure have the means and resources to build full featured emulators, at least 'till the SNES. Actually, they own the source code, porting the game NATIVELY to the 3DS shouldn't prove to be a big challenge, anyways.
 

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It looks 50/50 at people that agree with me saying NintenDOH need to drop their prices and the others saying overpriced is good.

I'm not a fanboy. I think the iDevices suck as they are so locked up and missing basic features. What, it took them 3 devices and about 10 OS's to get MMS and video recording where a $50 throw away phone could do all that.

I have all the different consoles and devices. I own 4 Xbox360's, 1 PS3, iPad1, iPhone 1, iPhone 3G, iPhone4, DSL, DSi, 3DS, PSP Phat, PSP Slim, PSP GO, multiple PCs, netbooks, so I'm not a fanboy by any means.
I have brought about 20 games from the eShop so I do buy my games, I also buy a lot of games on the iDevices when they drop to FREE or $0.99 I grab them as thats what they are worth.

My thoughts are NintenDOH need to have sales in the eShop. How about setting old games at the right prices. a GB and under (Nes/SNES/N64) games should be priced right. They are years old and nobody likes to buy a really old game at a new game price. I suggest $0.99 for any old game. Even the remakes of NES games in 3D are just pathetic. They are still really old games they are making a bucket load of money from because they dont have a braincell in their greedy heads to think of something new. I'm also talking about Mario and Mario Kart games here.
Mario Kart 7... Its still just like the very first mario kart game. You get in a kart and go around a track and shoot crap at the other drivers.... I got bored about 20 mins into the first game and now they released the 7th version of it.... How about hiring someone with a thought patten in their head and think of something new and interesting to make instead of a "Mario Kart 8" or a "super mario at the old folks home"
Oh, BTW I did buy it for my daughter so I have it I know about it as I've played it and I dont like it.

About the eShop, they should release more games in the weekly update. 1 game a week is stupid. How about they release 10 games so we have some variety and have 1 older game at a discount for the week. I bet they will sell more of that sale game and they will make more money that way.

Is there a way to make a poll here? Should make a poll "Who thinks the eShop is overpriced and under populated"
 

10_0ARMY

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The thread topic is a tad inaccurate to the subject matter, best fix it or there will be more derailing by everyone.
Your topic should include the fact that you mean the e-Shop.

Exactly. Overall for pricing, Nintendo is the cheapest. Personally I'll never buy an eShop game. I only go there to get freebees and updates lol. The last time I bought a downloadable game from Nintendo: a long time ago before my Wii was softmodded. I'd rather play new 3DS content than classic content, cept for maybe the 10 GBA games we get for the ambassador program.

off topic: what the fuck is with all the copyright talk? Just don't get caught selling bootlegs lol.
 
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spinal_cord

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It looks 50/50 at people that agree with me saying NintenDOH need to drop their prices and the others saying overpriced is good.

I'm not a fanboy. I think the iDevices suck as they are so locked up and missing basic features. What, it took them 3 devices and about 10 OS's to get MMS and video recording where a $50 throw away phone could do all that.

I have all the different consoles and devices. I own 4 Xbox360's, 1 PS3, iPad1, iPhone 1, iPhone 3G, iPhone4, DSL, DSi, 3DS, PSP Phat, PSP Slim, PSP GO, multiple PCs, netbooks, so I'm not a fanboy by any means.
I have brought about 20 games from the eShop so I do buy my games, I also buy a lot of games on the iDevices when they drop to FREE or $0.99 I grab them as thats what they are worth.

My thoughts are NintenDOH need to have sales in the eShop. How about setting old games at the right prices. a GB and under (Nes/SNES/N64) games should be priced right. They are years old and nobody likes to buy a really old game at a new game price. I suggest $0.99 for any old game. Even the remakes of NES games in 3D are just pathetic. They are still really old games they are making a bucket load of money from because they dont have a braincell in their greedy heads to think of something new. I'm also talking about Mario and Mario Kart games here.
Mario Kart 7... Its still just like the very first mario kart game. You get in a kart and go around a track and shoot crap at the other drivers.... I got bored about 20 mins into the first game and now they released the 7th version of it.... How about hiring someone with a thought patten in their head and think of something new and interesting to make instead of a "Mario Kart 8" or a "super mario at the old folks home"
Oh, BTW I did buy it for my daughter so I have it I know about it as I've played it and I dont like it.

About the eShop, they should release more games in the weekly update. 1 game a week is stupid. How about they release 10 games so we have some variety and have 1 older game at a discount for the week. I bet they will sell more of that sale game and they will make more money that way.

Is there a way to make a poll here? Should make a poll "Who thinks the eShop is overpriced and under populated"

UM.. you do realise that almost every single game that exists has already been done before don't you? video games have been around for over 30 years, nearly every 'new' game you play is a remake of an older game. You should be refusing to pay really high prices for these 'new' games instead of complaining about $6 for older ones. If remakes are what you're complaining about, just take a hammer to all of yours systems and be done with gaming all together.
 

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Apart from prices Nintendo needs to change their tactics in general if they want to compete I mean with the latest update only 10 minutes of video recording? that is very practical I mean its not like I watch to watch anything more than 10 minutes at a time and region lock wow way to make importing Japan only games much much harder and don't forget the poor battery life.

Really I like the 3DS but until things change the console isn't going to do improve when the Vita is released since it already got good press for no region lock and this is why i'm hoping things get on its way soon and region lock and be broken and lets everyone be happy importing stuff from overseas and getting JP games from the JP eShop.
 

syko5150

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Apart from prices Nintendo needs to change their tactics in general if they want to compete
Hmm last time I checked, Nintendo is doing just fine. The 3DS has already sold 8.8 million units worldwide in just under 10 months. If that's not competing then I don't know what is. I'm getting a Vita too, but I don't expect it to sell as well as the 3DS. Nintendo has won the loyalty of a large consumer base, so it's very easy for many people to buy the newest Nintendo console without hesitation regardless if it's as powerful as the competition or not.
 

LDE

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Apart from prices Nintendo needs to change their tactics in general if they want to compete
Hmm last time I checked, Nintendo is doing just fine. The 3DS has already sold 8.8 million units worldwide in just under 10 months. If that's not competing then I don't know what is. I'm getting a Vita too, but I don't expect it to sell as well as the 3DS. Nintendo has won the loyalty of a large consumer base, so it's very easy for many people to buy the newest Nintendo console without hesitation regardless if it's as powerful as the competition or not.
I'm getting a Vita as well but probably not for a while since everything in australia gets an unfair price increase and i too don[t think it'll sell as well as the 3DS but what I said is what I think needs to happen to make nintendo even more of a competitor, drop the region lock forever since you're already trying to stop flashcards with firmware updates why bother stopping people from importing, start giving DLC freebies for incomplete games eg. mario kart 7, and have the same price for all regions (after currency conversion) so no increased price for AUS customers.

They may have sold 8.8 mil units but would it still be that number if there wasn't a price cut?
The 3DS by a technicality is a success but like I said just a technicality, if nintendo just made some small changes I'm sure the 3DS would be better but until I see its region lock broken (with or without flashcard doesn't matter) and I can access the eShop of UK, US and JP I find it hard to even enjoy anything that comes to my UK 3DS and no I won't spend money on a JP 3DS because I didn't have to spend money on a JP DS since my DS could play games from everywhere. This is why what I think, I don't expect you to agree anyway.
 

Qtis

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Overall for pricing, Nintendo is the cheapest.

Except they haven't lowered prices of 1st party games released long ago, unlike the games for PS3/Xbox360. For example, Mario Kart (2008 released) still around 35€ new whereas most PS3 games are already around 20€ after half a year. This does not include Classic/Platinum/etc games, but it could for that matter.. This is a fact and won't probably change very soon if you look at prices. But as someone may say that I'd be trolling or something since I only pointed out Mario Kart, the list could go on quite easily.

But if I can say my own opinion, the eShop / PSN / XBLA(spelling?) should at least sometimes do what has happened on other platforms for quite a while: make real sales like Steam on the PC side of gaming. I could imagine quite a bit more sales on the long run and at least some profit for each download (plus new customers!). But only time will tell..
 

Guild McCommunist

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The 3DS has already sold 8.8 million units worldwide in just under 10 months.

Um, either you typo'd or that's just full of crap. It sold more than the DS in the same period of time but not 8.8 million.

Also, Nintendo has had a "loyal" fanbase since forever, but it obviously hasn't sold well. The Wii sold well because of casual appeal. If it wasn't for that then you'd have dismal Gamecube level sales. The Gamecube showed that Nintendo had a base that would follow them to hell and back, unfortunately that base just wasn't nearly as large as people want to think it is.
 

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