Riachu said:
mike_intellivision said: 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
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Nintendo are a rich company. They shouldn't have a problem with paying for the song usage.
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But if it is going to cost you more to pay for the songs than income you expect to receive from the game, why would you do it.
It's not dollars and cents -- it's dollars and sense. In other words, it does not make any sense for the dollars this would generate.
I know, it is a shame because I have never experienced Earthbound. But Nintendo is not going to take a loss just because I want to play the game.
Mike from Morgantown