If you have ever tangled with some of the groups that oversee music in the US, you can understand NOA's hesitancy.
And knowing this is a cult hit and it would take a lot of money to redo this -- and probably not make it back -- you can understand Nintendo HQ's hesitancy.
What happened that changed -- the Digital Millennium Copyright Act of 1998 which spells out a lot of things, often in very different terms than before.
That has empowered the RIAA and the trade groups on musical performances (ASCAP/BMI/SESAC) to go after anyone who does not pay them when they use music.
And yes, it does apply retroactively. For example, try watching a WKRP episode in syndication (WGN America has run it on Sunday evenings recently). Some songs have been retained, others have been replaced (when I saw this when it was on Nickelodeon, I wrote and asked -- and received a very nice and detailed explanation from Viacom). The episode "The Americanization of Ivan" is completely unwatchable as some key dialog revolved around the Elton John song "Hold Me Closer Tiny Dancer." But references to the song -- the music and even its title when spoken -- have been excised.
Now you know Nintendo's quandary.
Mike from Morgantown
 I am Mario.I like to jump around, and would lead a fairly serene and aimless existence if it weren't for my friends always getting into trouble. I love to help out, even when it puts me at risk. I seem to make friends with people who just can't stay out of trouble. Wii Friend Code: 1624 6601 1126 1492 NNID: Mike_INTV |
