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Forums - Nintendo - If they make anothe Earthbound and it doesn't come to the US...

Riachu on 08 April 2009
DaveD said:
Riachu said:
Khuutra said:
If Nintendo made another Mother game and it didn't come stateside... the fan community would translate it themselves, just like Mother 3, and the people who really cared would be able to play it anyway.

Megadude, I don't think you're knowledgeable enough about EarthBound to really put on a front of indignity, here. Being disappointed about the Mother series being localized is part and parcel with enjoying the games in the first place.

There are legal issues preventing the re-release of EarthBound and the release of Mother 3. It can't be helped.

Here's your legal reason for Mother 3 not being released in the states.

 

PK Rape!
What the hell?

 

Actually, Lucas was either raped or drowned to a point of having a fever to get PSI powers.

 



 

http://www.youtube.com/user/InvaderZimGuy1?feature=mhum

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noname2200 on 08 April 2009
Khuutra said:
noname2200 said:
DaveD said:
largedarryl said:
There is a fan translation for Mother 3, and since the game has never been released in NA it should be perfectly legal to download the ROM and play it on your PC.

Roms are never legal, but that won't stop people

Incorrect. ROMs are legal if you own a legitimate copy of the game.

Not in the US, they aren't.

No, they are. Courts have not directly ruled on ROMs themselves, but the current consensus is to analogize them to VCRs, which were legally challenged by the movie studios in the 70's. In 1984, the Supreme Court in essence said that federal copyright law is not violated if the material is not used for profit. Sony v. Universal City Studios, 464 U.S. 417 (1984).

From the Westlaw headnotes:

Copyright protection subsists in original works of authorship fixed in any tangible medium of expression, however, this protection has never accorded copyright owner complete control over all possible uses of his work; rather, Copyright Act grants copyright holder exclusive rights to use and to authorize the use of his work in five qualified ways, including reproduction of copyrighted work in copies. Lanham Trade-Mark Act, § 43(a), 15 U.S.C.A. § 1125(a); 17 U.S.C.A. § 101 et seq.

Any individual may reproduce a copyrighted work for a “fair use,” copyright owner does not possess exclusive right to such a use. 17 U.S.C.A. § 106.


Now, the Digital Millenium Copyright Act threw a wrinkle into this situation when it (in essence) outlawed many of the devices you would use to make a ROM in the first place. However, the ROM itself remains legal. It's kind of like those laws that say it's illegal to purchase something, but are silent on the right to possess it.

 



DaveD on 08 April 2009
Riachu said:
DaveD said:
Riachu said:
Khuutra said:
If Nintendo made another Mother game and it didn't come stateside... the fan community would translate it themselves, just like Mother 3, and the people who really cared would be able to play it anyway.

Megadude, I don't think you're knowledgeable enough about EarthBound to really put on a front of indignity, here. Being disappointed about the Mother series being localized is part and parcel with enjoying the games in the first place.

There are legal issues preventing the re-release of EarthBound and the release of Mother 3. It can't be helped.

Here's your legal reason for Mother 3 not being released in the states.

 

PK Rape!
What the hell?

 

Actually, Lucas was either raped or drowned to a point of having a fever to get PSI powers.

 

 

"Lucas realized the power of PK Rape!"



"After you win, son, I feel like going for a ride on your bike, haha." ~Doc Louis (Punch Out Wii)

 

 

Khuutra on 08 April 2009

Riachu, why do you say that kind of heinous stuff? It's not funny - it's not representative of what was going on, either. The whole point is that there's no way to know what was going on in that scene.



supermario128 on 08 April 2009
Megadude said:

...Then I will never buy another Nintendo product again. Period.

 

Earthbound, (I think it was mother 2 or 3 in Japan) was one of the funniest unique, interesting, fun games I ever played back in the SNES days. I swear to God if they make another one and don't bring it over to NA I will be FINISHED with Nintendo. I won't even buy Zelda Wii, I will be finished.

 

Yes you will.

 

It would be hard not to.




Nintendo still doomed?
Feel free to add me on 3DS or Switch! (PM me if you do ^-^)
Nintendo ID: Mako91                  3DS code: 4167-4543-6089

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Khuutra on 08 April 2009
noname2200 said:

No, they are. Courts have not directly ruled on ROMs themselves, but the current consensus is to analogize them to VCRs, which were legally challenged by the movie studios in the 70's. In 1984, the Supreme Court in essence said that federal copyright law is not violated if the material is not used for profit. Sony v. Universal City Studios, 464 U.S. 417 (1984).

From the Westlaw headnotes:

Copyright protection subsists in original works of authorship fixed in any tangible medium of expression, however, this protection has never accorded copyright owner complete control over all possible uses of his work; rather, Copyright Act grants copyright holder exclusive rights to use and to authorize the use of his work in five qualified ways, including reproduction of copyrighted work in copies. Lanham Trade-Mark Act, § 43(a), 15 U.S.C.A. § 1125(a); 17 U.S.C.A. § 101 et seq.

Any individual may reproduce a copyrighted work for a “fair use,” copyright owner does not possess exclusive right to such a use. 17 U.S.C.A. § 106.


Now, the Digital Millenium Copyright Act threw a wrinkle into this situation when it (in essence) outlawed many of the devices you would use to make a ROM in the first place. However, the ROM itself remains legal. It's kind of like those laws that say it's illegal to purchase something, but are silent on the right to possess it.

...I learned something today.



Riachu on 08 April 2009
Khuutra said:
Riachu, why do you say that kind of heinous stuff? It's not funny - it's not representative of what was going on, either. The whole point is that there's no way to know what was going on in that scene.

It's obvious that Shigesto Itou didn't want us to know what really happened.

 



 

http://www.youtube.com/user/InvaderZimGuy1?feature=mhum

noname2200 on 08 April 2009

Happy to help! If you ever have any consumer law questions, feel free to ask: if I don't know it already, I'll be more than happy to research it for you. Just remember the caveat that nothing I'm giving out is legal advice.



largedarryl on 08 April 2009
noname2200 said:
Happy to help! If you ever have any consumer law questions, feel free to ask: if I don't know it already, I'll be more than happy to research it for you. Just remember the caveat that nothing I'm giving out is legal advice.

So your trying to say I can't base a legal argument from some information I got anonymously on the internet, who woulda thunk.

 



Khuutra on 08 April 2009
noname2200 said:
Happy to help! If you ever have any consumer law questions, feel free to ask: if I don't know it already, I'll be more than happy to research it for you. Just remember the caveat that nothing I'm giving out is legal advice.

I guess, hypothetically speaking, someone who had a Mother 3 ROM would not need to feel bad about it, assuming they had bought their own copy.