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Eww extremely embarrassing that they used Windows.
pull a WordPress and force a TOS in the license to say you cannot be affiliated with Nintendo in any way in order to use this software.
they want to emulate their hardware? then they can build their own emulator.
I believe they do have their own emulator. It logically would be what powers the Nintendo arcade
folks thought the same for the Genesis and Atari flashbacks but some tinkering found they were using FOSS emulation. IMO FOSS projects should start charging companies that use their products dependent on scale.
I assume most FOSS emulators have a non-commercial license, so if a company is using it to make money they are already violating the law, but who is gonna go after Nintendo for that?
Agreed I would totally support emus using a business software license just because of how they're treated by business.
Just for the record, this is exactly what any museum would do, because they're not going to actually run any of the older hardware. Because that hardware is part of their collection, and it behoves them not to put wear on them.
Also because emulators can be managed remotely.
Any other museum wouldn't be a hypocrite for doing so.
This is a "Museum" run by Nintendo in Japan. Meaning they could have used or even created more original hardware to run the titles, but instead cut costs by using the same Emulators that they're hoping to take down.
Them being the original creator of the products doesn't necessarily imply that they still have running production processes for every product that they ever made.
If I obtain all the original schematics and software and make 1 Nintendo internals for commercial purposes wothout their permission it would be illegal.
If they do it, it costs them the price of a couple of family dinners at most.
This museum IS NINTENDO. They are the only people allowed to do this job correctly.
That is highly depending on the type of Museum. Many Videogame and Computer Museums (at least in Germany) are showing the real Hardware running, some are even allowing the visitors to use and play at the old machines. And yes, they are often very used to repairing the hardware too.
I would expect from Nintendo that they would show and use real hardware in their museum, and not some emulators. Because I can see the games on an emulator at home (for example using my Switch Online or my SNES Classic), I don't need a museum for that experience.
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Even if they don't use the real old hardware then at least they could have created something that is closer to the original hardware, for example a SNES/NES/N64 console based on FPGA in a recreated original shell. Anything but a stupid emulator running on a Windows PC.
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if its under GPL couldn't they be forced to disclose the source code?
Only if they made modifications
What, where do you get that? Any publicly conveyed copies of gpl-licensed software must make their source code available, and be published under the same license. This is true regardless of modifications.
I could be wrong and I'm more then welcome to being proven that. But wouldn't this be like asking me to redistribute the whole process of running ZSNES on linux? Seems pretty infeasible.
You see...
It's okay when THEY do it.
It's not okay when YOU do it.
That's how they function.
Well yeah, as the owners they have the exclusive right to determine what's okay. They're just following the rules as they've been laid out by centuries of corporate lobbying for more exploitable copyright laws. Those are what we need to focus on if we want more fair use of intellectual property that the rights holder has already sufficiently profited from - the thing that such protections were initially meant to ensure to a much more reasonable extent.
They aren't the owners of most of the games though, did they ask, in writing, all of the rightsholders for the games they made?
Did they ask the artists if it was ok to re-use their work in a 'new title'? (according to Nintendo, emulation is transformative)
Would you want to enter a legal battle with Nintendo? This system is broken in a lot of different ways, one of which is the incredible expense of legal fees even if you're in such an open-and-shut case as someone clearly using your intellectual property without your consent. The one with deeper pockets wins regardless of what the law says.
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I would not be at all surprised if the Switch NES and SNES emulators are running an open source emulator that they've tried to shut down.
Throwback to the NES Classic ROM having a ripper/uploader’s signature in the game code. Because Nintendo didn’t ever bother archiving their own games, and just downloaded ROMs from the same sites they were trying to shut down.
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ITT: people think emulators are only the ones you can download
In this comment: Someone who is not familiar with the history of Nintendo selling pirated versions of their own games and ripping off pirate emulators then passing them as their own.
or the history of nintendo falsely claiming that emulation itself was an illegal practice when trying to bully and scare people into submission...
Did the terms of the emulators they ripped off allow them to? Not saying it's morally okay.
Nintendo: Emulation is illegal, criminal, and you should never ever do it. If you do, we will sue your ass, send the Pinks, and then shit fury on you!!!
Also Nintendo:
Needless to say, I will not be buying an alarm clock today.
That's not at all Nintendo's philosophy.
They literally included emulation starting with the wii
So it is more of a rules for thee but not for me situation. Not you should never ever do it but you should only do it on our hardware with our emulators
I mean, their position is that they as the rights holders can republish how they please, but that buying a cartridge does not give you license to play on other devices. You can disagree with them on legal or philosophical grounds but their position isn't really inconsistent.
But they own it. I thought even I could download a ROM if I have the actual game no?
No, at least in the US, you can only back up your own ROM if you own the game, not download someone else's backup. The real problem here is that Nintendo's (idiotic) stance is ALL emulation/backups are piracy and here they are being hypocrites about it.
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this post was submitted on 15 Oct 2024
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