This is why I still PC game. You know, where developers encourage modding, give out tools, offer to host forums for your mods, etc.
I'm glad this happened. Maybe these guys can come over to our side, and do some nice work for a good PC mod.
Er, except are you aware of the amount of Star Wars, Aliens, Predator, Final Fantasy, Dragonball Z, etc mods that were shut down by C&D's given out by their respective property owners to mod groups that were using other companies IPs? Yeah, it's easier to mod games on the PC side of things because the game creators hand out the tools. But at the same time, with those tools you only have the right to use their assets, or to make your own. You run around trying to make a Care Bears Duke Nukem TC, and your ass is likely to get shut down on the PC side of things too. The console side just makes things even uglier because you're going to have to end up modding your machine in some way, using disk images, roms, etc to piss mod the games and play them. The only reason people have such an easy time with modding on the PC is because the IP holders themselves give the mod community permission to do it in the first place.
It sucks, sure, but really they are changing things that are Nintendo's property. Isn't that illegal? I mean, even though they aren't charging for it, they are still changing something that's copyrighted.
I dunno. Either way it sucks (3 guys doing all that themselves?!) but in the end that's what happens.
It's a modification to a product I own. I'm taking a piece of my property, changing it in a way that pleases me, and making use of it. None of that is illegal.
Where it gets shady is the whole .iso part. The problem is that on a PC title, you are modifying the part that is installed on your hard drive. That is, the part that the program copies onto the drive for you. Nothing they can do about you modifying that. In this case, you're looking at modifying a copy of software, and then re-copying it to another medium. This is beyond our rights as consumers, sadly, even if it's a copy of our own disc.
Unless you are Nintendo you do not own Super Smash Brothers, you own a copy of Super Smash brothers.
You are free to do whatever you want to your copy. You are not allowed to release a modified derivative work of Super Smash Brothers if the copyright holder tells you not to.
This is why I still PC game. You know, where developers encourage modding, give out tools, offer to host forums for your mods, etc.
I'm glad this happened. Maybe these guys can come over to our side, and do some nice work for a good PC mod.
Er, except are you aware of the amount of Star Wars, Aliens, Predator, Final Fantasy, Dragonball Z, etc mods that were shut down by C&D's given out by their respective property owners to mod groups that were using other companies IPs? Yeah, it's easier to mod games on the PC side of things because the game creators hand out the tools. But at the same time, with those tools you only have the right to use their assets, or to make your own. You run around trying to make a Care Bears Duke Nukem TC, and your ass is likely to get shut down on the PC side of things too. The console side just makes things even uglier because you're going to have to end up modding your machine in some way, using disk images, roms, etc to piss mod the games and play them. The only reason people have such an easy time with modding on the PC is because the IP holders themselves give the mod community permission to do it in the first place.
I'm not sure what your point is. I am aware of these things, having been a modder over six years now. There are also plenty of cases where these things don't happen. Regardless, it wasn't my point. My point was that its incredibly easier to mod on PC, and its a lot more lax as well.
This is the first time ever I've heard of Nintendo doing anything about fan-projects like this.
Well, if they didn't, but knew about it, then there is the idea that ]EE[ had "Implied Consent" I'm actually working on a project now in the pit where we're doing a stage presentation of the South Park movie. It's nonprofit. We have contacted everyone who deals with the copyright and legality, and the only response we got was from one guy saying "I cannot speak for express consent, but you guys have implied consent" and then explained it. This doesn't mean that Ninty wouldn't be able to at any point say "Shut it down" and ]EE[ would have to respond, it means that Ninty would probably fail if they tried to bring them up on charges, when they knew about it and let it happen. Similar to the Mother 3 translation. If Ninty all of a sudden tries to sue them it'll be at the least a sticky case. This doesn't work with commercial releases, but a nonprofit release? It does work.
They also were using copyrighted material that wasn't Nintys. Let's forget the encryption breaking and all that shit and look at it that way.
They were making a mod using Nintendos Intellectual property that used outside intellectual property. Nintendo didn't really have any choice but to shut it down once they knew about it.
So they shut it down because they could as opposed to it being a harmful creation that needed ending? Did they do it on principle or would the project have been the first step to a lot of nastiness?
It sucks, sure, but really they are changing things that are Nintendo's property. Isn't that illegal? I mean, even though they aren't charging for it, they are still changing something that's copyrighted.
I dunno. Either way it sucks (3 guys doing all that themselves?!) but in the end that's what happens.
It's a modification to a product I own. I'm taking a piece of my property, changing it in a way that pleases me, and making use of it. None of that is illegal.
Where it gets shady is the whole .iso part. The problem is that on a PC title, you are modifying the part that is installed on your hard drive. That is, the part that the program copies onto the drive for you. Nothing they can do about you modifying that. In this case, you're looking at modifying a copy of software, and then re-copying it to another medium. This is beyond our rights as consumers, sadly, even if it's a copy of our own disc.
Unless you are Nintendo you do not own Super Smash Brothers, you own a copy of Super Smash brothers.
You are free to do whatever you want to your copy. You are not allowed to release a modified derivative work of Super Smash Brothers if the copyright holder tells you not to.
Maybe I'm misunderstanding. Is this a "we're going to release Smash Bros. with thees characters on teh interweb?" Or a "rip your copy of SSBB, apply this patch, and have fun with new characters?" I thought it was the latter, in which case there is no real copyright issue I can see.
Again though, it depends on content. Nintendo characters would be a no-go, since Nintendo said no, but others could conceivably be fair game. I mean, if I wanted to mod SSBB with Snow White, Cinderella, Prince Charming, and other public domain characters, there would be no issue.
My biggest curiosity is why do these groups make public what they are doing before they are finished? Do the work, publish it on the web, and before you know it it's spread to 1,000 different Russian/Asian servers and it is highly available anywhere.
Not that they were right and Nintendo was wrong to do this. But if you're going to do something that is illegal or at least questionable where you may get a C&D after putting hours of work into it, why do you announce it to the world?
Like the guys doing the Black Mesa project? What if Valve told them tomorrow, C&D because it's our game and IP? That would really stink, but it's Valve's right to do it. If they didn't tell anyone and then released the game one day and created tons of hype in 24 hours and the mod got distributed to Pluto and back, then Valve could tell them to C&D, but their work would still be spread around.
It just seems really stupid. If you're going to do mod work, either clear it with the company first so you won't get a C&D after spending a year of your life on it, or don't tell anyone so you don't risk getting a C&D or legal trouble about it before it's already spread. The number of projects that go public within a week of someone coming up with the idea and get a C&D 6 months later seems to outweigh those that actually release. But I could be wrong.
doing the deed and making it unstoppable doesn't... argh... whatever.
yes go drinking and driving, who cares if the consequences are unstoppable? you got to kill people before the cops stopped you. yay.
also. the holocaust.
Oh I agree that it's still illegal, but to use your analogy, if you were going to go drink and did not have a designated driver, would you call the cops and tell them you are drunk and your route home?
I'm not condoning it, but for as smart as these guys are to figure this stuff out, they are also pretty stupid.
the whole point of them not releasing it first was that they didn't want to release it if nintendo said anything.
your point sounds good for other idiots that WANT to release their patches and don't care about C&Ds. those guys should release before announcing it or whatever. i agree on that.
the whole point of them not releasing it first was that they didn't want to release it if nintendo said anything.
your point sounds good for other idiots that WANT to release their patches and don't care about C&Ds. those guys should release before announcing it or whatever. i agree on that.
Ah, Ok. I thought these guys were as upset as the OP about the C&D, so I guess I misunderstood that.
This is the kind of situation that causes me to really wish that Nintendo would make a statement, or allow any type of dialogue about this their fans, aka the people that want this to come out. Why doesn't Nintendo explain why letting people change textures in their copy of Brawl was worth a C&D? Why doesn't Nintendo answer questions from people about this sort of thing? Or make a statement? I think a lot of people are frustrated because Nintendo just gives a blunt, no questions asked, C&D "NO!" to artistic projects like this without public communication or reasoning. It makes Nintendo seem cold and uncaring, and it makes it seem like they don't care what we think or want, unless what we want is a clamshell packaged product.
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Someone let me algorhythm (steve_0990) into the PA Steam group
This is the kind of situation that causes me to really wish that Nintendo would make a statement, or allow any type of dialogue about this their fans, aka the people that want this to come out. Why doesn't Nintendo explain why letting people change textures in their copy of Brawl was worth a C&D? Why doesn't Nintendo answer questions from people about this sort of thing? Or make a statement? I think a lot of people are frustrated because Nintendo just gives a blunt, no questions asked, C&D "NO!" to artistic projects like this without public communication or reasoning. It makes Nintendo seem cold and uncaring, and it makes it seem like they don't care what we think or want, unless what we want is a clamshell packaged product.
I think Nintendo would not have cared if they did it to their own copy. But since they were going to be distributing it, and because you could then edit the online code (as someone has experienced already), it risks people buying Brawl for it's ESRB rating to find that little Johnny is fighting a giant vagina online in Brawl. It opens too many possibilities that Nintendo can't control, and Nintendo likes control.
And I think Nintendo is pretty cold and uncaring - all corporations really are. They love that you love the game. However, it's their game that they love, and to see you mod it beyond what love they put into it breaks their heart. So they C&D you.
Nintendo had every right to do what it did. Yadda yadda yadda.
I, however, am not convinced that letting ]SE[ go forward with their project would be a horrific idea.
Of course, our twisted IP laws would land Nintendo into the same kind of trouble Little Big Planet had.
I find this situation silly.
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This is the kind of situation that causes me to really wish that Nintendo would make a statement, or allow any type of dialogue about this their fans, aka the people that want this to come out. Why doesn't Nintendo explain why letting people change textures in their copy of Brawl was worth a C&D? Why doesn't Nintendo answer questions from people about this sort of thing? Or make a statement? I think a lot of people are frustrated because Nintendo just gives a blunt, no questions asked, C&D "NO!" to artistic projects like this without public communication or reasoning. It makes Nintendo seem cold and uncaring, and it makes it seem like they don't care what we think or want, unless what we want is a clamshell packaged product.
I think Nintendo would not have cared if they did it to their own copy. But since they were going to be distributing it, and because you could then edit the online code (as someone has experienced already), it risks people buying Brawl for it's ESRB rating to find that little Johnny is fighting a giant vagina online in Brawl. It opens too many possibilities that Nintendo can't control, and Nintendo likes control.
And I think Nintendo is pretty cold and uncaring - all corporations really are. They love that you love the game. However, it's their game that they love, and to see you mod it beyond what love they put into it breaks their heart. So they C&D you.
they'd have to mod the giant vagina into their version of the game first
altho I see where your going with this, what with Grammie May crying foul and suing everyone when she found little Timmy Dumbfuck playing GTA:SA's Hot Coffee.
Nintendo is telling people what they are and aren't allowed to do with their own property. If I bought my own copy of Brawl, I can modify the game however I see fit.
Nintendo is telling people what they are and aren't allowed to do with their own property. If I bought my own copy of Brawl, I can modify the game however I see fit.
No, Nintendo is telling them that they aren't allowed to tell OTHER people how to modify their game. Not to mention it's not really yours. You may own the physical disk but it's contents are licensed to you to use, not to modify.
They could continue to do it for their own game and enjoy playing as different characters at home. That's fine. They just can't post the how-to online. Or at least, Nintendo asked them to not do that.
What Nintendo has done here is a completely valid enforcement of copyright.
Don't like it, think it's unfair, think they're smushing the small guys instead of going after the bigger fish, maybe yes maybe no. But what they have chosen to do, there's nothing legally wrong with it.
What Nintendo has done here is a completely valid enforcement of copyright.
Don't like it, think it's unfair, think they're smushing the small guys instead of going after the bigger fish, maybe yes maybe no. But what they have chosen to do, there's nothing legally wrong with it.
Yeah this is mentioned right in the op. The whole point is that they're dicks. Something like this isn't expected from nintendo! I guess they are just another big company after all, like so many love to point out. Nintendo! I-I no longer wish I had a sister you could marry!
Nintendo is telling people what they are and aren't allowed to do with their own property. If I bought my own copy of Brawl, I can modify the game however I see fit.
No, Nintendo is telling them that they aren't allowed to tell OTHER people how to modify their game. Not to mention it's not really yours. You may own the physical disk but it's contents are licensed to you to use, not to modify.
They could continue to do it for their own game and enjoy playing as different characters at home. That's fine. They just can't post the how-to online. Or at least, Nintendo asked them to not do that.
Hold on, do you have any sort of legal precendent here? It seems bizzare to say that when I buy a game, I didn't really buy it only the rights to "play" it. Furthermore, posting instructions on how to legally or illegaly modify your own software can never be banned, it's a first amendment issue.
What Nintendo has done here is a completely valid enforcement of copyright.
Don't like it, think it's unfair, think they're smushing the small guys instead of going after the bigger fish, maybe yes maybe no. But what they have chosen to do, there's nothing legally wrong with it.
Yeah this is mentioned right in the op. The whole point is that they're dicks. Something like this isn't expected from nintendo! I guess they are just another big company after all, like so many love to point out. Nintendo! I-I no longer wish I had a sister you could marry!
Actually this is exactly the kinda bullshit I'd expect from Nintendo.
What Nintendo has done here is a completely valid enforcement of copyright.
Don't like it, think it's unfair, think they're smushing the small guys instead of going after the bigger fish, maybe yes maybe no. But what they have chosen to do, there's nothing legally wrong with it.
Yeah this is mentioned right in the op. The whole point is that they're dicks. Something like this isn't expected from nintendo! I guess they are just another big company after all, like so many love to point out. Nintendo! I-I no longer wish I had a sister you could marry!
Actually this is exactly the kinda bullshit I'd expect from Nintendo.
Yeah. There's this weird perception people have of Nintendo being this amazingly creative and caring company that wants nothing but happiness and fun for their customers, but up until very recently, they've been pretty horrible, especially to everyone else in the industry.
They really aren't perfect or any different from anyone else.
Hold on, do you have any sort of legal precendent here? It seems bizzare to say that when I buy a game, I didn't really buy it only the rights to "play" it. Furthermore, posting instructions on how to legally or illegaly modify your own software can never be banned, it's a first amendment issue.
Actually, with software, you only pay for a license. A license to make copies. Those "copies" are reproductions of the software in the system's hardware (the ram, cpu, etc.). That's right, for a valid copy to take place, there needs to be "fixation." The fixation for the purposes of software does, indeed, include the fixation of the game in cpu/ram. Having paid for the license to reproduce the game in your machine, you may make as many "copies" as you like in your machine's ram/cpu every time you play it. I'd have to look back up on the rules on fair use over the issue of making back-up DVD-Rs (edit: it's okay to do so as long as it is not prohibited in the license agreement), but I can tell you the manual to most games for consoles explicitly state that making archival back-ups is unauthorized (breaking the license); thus an infringment.
But you are not authorized to make "derivative works." In chopping up the game and making modifications to it, you are "transforming" it, a requisite factor of a derivative work. And that is actually an infringment, unless there was some agreement between you and the copyright proprietor otherwise. Here, there's not.
And, actually, there is such a thing as it being "illegal" to post instructions on how to modify software - there is such a thing as "vicarious liability" and even "contributory liability." There is indeed a first amendment issue, but it's not so clear-cut.
I can go into more detail if you'd like. As far as caselaw, there are a few cases I know of off-hand, including Universal City Studios v. Corley, New York Times v Sullivan, Lexmark v Static Control, and a few others... (MAI systems v. Peak, Triad v. Southeastern express)
This Nintendo game is not designed for use with any unauthorized device. Use of any such device will invalidate your Nintendo product warranty. Copying of any Nintendo game is illegal and is strictly prohibited by domestic and international intellectual property laws. "Back-up" or "archival" copies are not authorized and are not necessary to protect your software. Violators will be prosecuted
Ergo, vis-a-vis, concordantly, backing up your copy of Brawl (or any Nintendo game) in order to mod and play is not within your rights.
Chapter II: Unauthorized Software, Services, or Devices or Unlicensed Accessories
Your Wii Console and the Wii Network Service are not designed for use with unauthorized software, services, or devices or non-licensed accessories, and you may not use any of these with your Wii Console or the Wii Network Service. Such use may be illegal, voids any warranty, and is a breach of this agreement. Such use may also lead to injury to you or others or cause performance issues or damage to your Wii Console or the Wii Network Service. We (and our licensees and distributors) are not responsible for damage or loss caused by unauthorized software, services or devices or non-licensed accessories. We may take steps to disable or delete any unauthorized software, services or device installed in your Wii Console, for example, by detecting and disabling them through the Wii Network Service and/or game software. If we detect unauthorized software, services, or devices, your access to the Wii Network Service may be disabled and/or the Wii Console or games may be unplayable.
Article 2: Intellectual Property
We own all right, title and interest in, or have the right to distribute, use or sublicense, the Wii Network Service and the Nintendo IP. We do not provide you with any interest in the Wii Network Service or the Nintendo IP. Except as expressly authorized by us in writing, you may not create works based on the Wii Network Service or the Nintendo IP or modify, distribute, or transmit the Nintendo IP. If you do not abide by these requirements, Nintendo shall own all right, title, and interest in any works created, adapted, distributed, or transmitted via the Wii Network Service, or, in the alternative, an unlimited license thereto.
We respect the intellectual property of others. If you believe that any material within the Wii Console infringes upon any intellectual property right which you own or control, you may file a notice of such infringement with us, as provided in Article 15. Our entire Intellectual Property Policy may be viewed at www.nintendo.com/ippolicy.
Article 17: Definitions
"Content" means the software, services, material and other data which we own or have the right to use, distribute or sublicense, and which we send to, or make available as a download through, the Wii Console or the Wii Network Service.
"My Nintendo" means the loyalty program offered by Nintendo.
"Nintendo IP" means all intellectual property, including but not limited to trademarks, copyrights, moral rights, inventions, patents, trade secrets, know-how and other confidential and proprietary information which we developed, own or have a license to use.
"Points" means the points that you purchase from us through the Wii Shop or through points cards sold or distributed by us or our retailers and promotional partners and that you may exchange with us for a license to download Content or to purchase Products.
"Products" means any goods other than Content that are made available for purchase from us through the Wii Shop.
"Third-Party Data" means Content or other software, services, material, messages (including commercial and non-commercial messages), links to Internet sites, and other data either created by, or sent to, your Wii Console through the Wii Network Service by any non-Nintendo entity or person (including you).
"Wii Console" means Nintendo's system (including the Wii Remote) sold and marketed by Nintendo under the Wii brand, including any succeeding systems and compatible systems.
"Wii Network Service" means the service whereby we can distribute Content, messages (including commercial and non-commercial messages) and other data to your Wii Console, or link you to an Internet site, and whereby you can send and receive Content, messages (including commercial and non-commercial messages), and other data, including Third-Party Data, using your Wii Console. The "Wii Network Service" includes, but is not limited to, the Wii Shop.
"Wii Shop Account" means an account on your Wii Console which you set up and use in connection with the Wii Shop.
"Wii Shop" means our online Wii Console's store, which offers such things as Points, Content, Products, and a download service, all of which Nintendo directly or indirectly operates.
You guys are so serious! The joke is that used games often don't come with manuals.
But so! Over an hour an no tales of nintendo dickery. I guess I should conclude that this is the only case and nintendo was having an off day, or just being dicks because they hate the "hardcore" brawl crowd so much.
Yeah, I don't see why anyone is up in arms. It's Nintendo's property and they are protecting it.
Its like a cop giving you a ticket for going 1mph over the speed limit
Technically you were speeding
but in reality the only reason you'd get a ticket is if the cop was a huge fuckin dick.
Same premise here. No one disputes nintendos right to do it, but to exercise the right over something harmless was a dick move, and their customers are showing their disdain for their action. Comercialism at work
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Er, except are you aware of the amount of Star Wars, Aliens, Predator, Final Fantasy, Dragonball Z, etc mods that were shut down by C&D's given out by their respective property owners to mod groups that were using other companies IPs? Yeah, it's easier to mod games on the PC side of things because the game creators hand out the tools. But at the same time, with those tools you only have the right to use their assets, or to make your own. You run around trying to make a Care Bears Duke Nukem TC, and your ass is likely to get shut down on the PC side of things too. The console side just makes things even uglier because you're going to have to end up modding your machine in some way, using disk images, roms, etc to piss mod the games and play them. The only reason people have such an easy time with modding on the PC is because the IP holders themselves give the mod community permission to do it in the first place.
Unless you are Nintendo you do not own Super Smash Brothers, you own a copy of Super Smash brothers.
You are free to do whatever you want to your copy. You are not allowed to release a modified derivative work of Super Smash Brothers if the copyright holder tells you not to.
This is the first time ever I've heard of Nintendo doing anything about fan-projects like this.
I'm not sure what your point is. I am aware of these things, having been a modder over six years now. There are also plenty of cases where these things don't happen. Regardless, it wasn't my point. My point was that its incredibly easier to mod on PC, and its a lot more lax as well.
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Well, if they didn't, but knew about it, then there is the idea that ]EE[ had "Implied Consent" I'm actually working on a project now in the pit where we're doing a stage presentation of the South Park movie. It's nonprofit. We have contacted everyone who deals with the copyright and legality, and the only response we got was from one guy saying "I cannot speak for express consent, but you guys have implied consent" and then explained it. This doesn't mean that Ninty wouldn't be able to at any point say "Shut it down" and ]EE[ would have to respond, it means that Ninty would probably fail if they tried to bring them up on charges, when they knew about it and let it happen. Similar to the Mother 3 translation. If Ninty all of a sudden tries to sue them it'll be at the least a sticky case. This doesn't work with commercial releases, but a nonprofit release? It does work.
They also were using copyrighted material that wasn't Nintys. Let's forget the encryption breaking and all that shit and look at it that way.
They were making a mod using Nintendos Intellectual property that used outside intellectual property. Nintendo didn't really have any choice but to shut it down once they knew about it.
Currently playing: GW2 and TSW
Because they're the man.
They aren't. People are mad because they want more variety to Brawl than what was already included.
But Brawl is a perfect shining beacon of perfection, what could possibly be added to it?
ahahahaha
I appreciate a good joke. For one, Ridley.
Maybe I'm misunderstanding. Is this a "we're going to release Smash Bros. with thees characters on teh interweb?" Or a "rip your copy of SSBB, apply this patch, and have fun with new characters?" I thought it was the latter, in which case there is no real copyright issue I can see.
Again though, it depends on content. Nintendo characters would be a no-go, since Nintendo said no, but others could conceivably be fair game. I mean, if I wanted to mod SSBB with Snow White, Cinderella, Prince Charming, and other public domain characters, there would be no issue.
Not that they were right and Nintendo was wrong to do this. But if you're going to do something that is illegal or at least questionable where you may get a C&D after putting hours of work into it, why do you announce it to the world?
Like the guys doing the Black Mesa project? What if Valve told them tomorrow, C&D because it's our game and IP? That would really stink, but it's Valve's right to do it. If they didn't tell anyone and then released the game one day and created tons of hype in 24 hours and the mod got distributed to Pluto and back, then Valve could tell them to C&D, but their work would still be spread around.
It just seems really stupid. If you're going to do mod work, either clear it with the company first so you won't get a C&D after spending a year of your life on it, or don't tell anyone so you don't risk getting a C&D or legal trouble about it before it's already spread. The number of projects that go public within a week of someone coming up with the idea and get a C&D 6 months later seems to outweigh those that actually release. But I could be wrong.
yes go drinking and driving, who cares if the consequences are unstoppable? you got to kill people before the cops stopped you. yay.
also. the holocaust.
Oh I agree that it's still illegal, but to use your analogy, if you were going to go drink and did not have a designated driver, would you call the cops and tell them you are drunk and your route home?
I'm not condoning it, but for as smart as these guys are to figure this stuff out, they are also pretty stupid.
your point sounds good for other idiots that WANT to release their patches and don't care about C&Ds. those guys should release before announcing it or whatever. i agree on that.
Ah, Ok. I thought these guys were as upset as the OP about the C&D, so I guess I misunderstood that.
Someone let me algorhythm (steve_0990) into the PA Steam group
I think Nintendo would not have cared if they did it to their own copy. But since they were going to be distributing it, and because you could then edit the online code (as someone has experienced already), it risks people buying Brawl for it's ESRB rating to find that little Johnny is fighting a giant vagina online in Brawl. It opens too many possibilities that Nintendo can't control, and Nintendo likes control.
And I think Nintendo is pretty cold and uncaring - all corporations really are. They love that you love the game. However, it's their game that they love, and to see you mod it beyond what love they put into it breaks their heart. So they C&D you.
Nintendo had every right to do what it did. Yadda yadda yadda.
I, however, am not convinced that letting ]SE[ go forward with their project would be a horrific idea.
Of course, our twisted IP laws would land Nintendo into the same kind of trouble Little Big Planet had.
I find this situation silly.
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they'd have to mod the giant vagina into their version of the game first
altho I see where your going with this, what with Grammie May crying foul and suing everyone when she found little Timmy Dumbfuck playing GTA:SA's Hot Coffee.
Nintendo is telling people what they are and aren't allowed to do with their own property. If I bought my own copy of Brawl, I can modify the game however I see fit.
No, Nintendo is telling them that they aren't allowed to tell OTHER people how to modify their game. Not to mention it's not really yours. You may own the physical disk but it's contents are licensed to you to use, not to modify.
They could continue to do it for their own game and enjoy playing as different characters at home. That's fine. They just can't post the how-to online. Or at least, Nintendo asked them to not do that.
What Nintendo has done here is a completely valid enforcement of copyright.
Don't like it, think it's unfair, think they're smushing the small guys instead of going after the bigger fish, maybe yes maybe no. But what they have chosen to do, there's nothing legally wrong with it.
Steam ID: slashx000______Twitter: @bill_at_zeboyd______ Facebook: Zeboyd Games
Yeah this is mentioned right in the op. The whole point is that they're dicks. Something like this isn't expected from nintendo! I guess they are just another big company after all, like so many love to point out. Nintendo! I-I no longer wish I had a sister you could marry!
Hold on, do you have any sort of legal precendent here? It seems bizzare to say that when I buy a game, I didn't really buy it only the rights to "play" it. Furthermore, posting instructions on how to legally or illegaly modify your own software can never be banned, it's a first amendment issue.
Actually this is exactly the kinda bullshit I'd expect from Nintendo.
Yeah. There's this weird perception people have of Nintendo being this amazingly creative and caring company that wants nothing but happiness and fun for their customers, but up until very recently, they've been pretty horrible, especially to everyone else in the industry.
They really aren't perfect or any different from anyone else.
Edit - but keep in mind that I don't care about their ancient mortal kombat escapades.
Actually, with software, you only pay for a license. A license to make copies. Those "copies" are reproductions of the software in the system's hardware (the ram, cpu, etc.). That's right, for a valid copy to take place, there needs to be "fixation." The fixation for the purposes of software does, indeed, include the fixation of the game in cpu/ram. Having paid for the license to reproduce the game in your machine, you may make as many "copies" as you like in your machine's ram/cpu every time you play it. I'd have to look back up on the rules on fair use over the issue of making back-up DVD-Rs (edit: it's okay to do so as long as it is not prohibited in the license agreement), but I can tell you the manual to most games for consoles explicitly state that making archival back-ups is unauthorized (breaking the license); thus an infringment.
But you are not authorized to make "derivative works." In chopping up the game and making modifications to it, you are "transforming" it, a requisite factor of a derivative work. And that is actually an infringment, unless there was some agreement between you and the copyright proprietor otherwise. Here, there's not.
And, actually, there is such a thing as it being "illegal" to post instructions on how to modify software - there is such a thing as "vicarious liability" and even "contributory liability." There is indeed a first amendment issue, but it's not so clear-cut.
I can go into more detail if you'd like. As far as caselaw, there are a few cases I know of off-hand, including Universal City Studios v. Corley, New York Times v Sullivan, Lexmark v Static Control, and a few others... (MAI systems v. Peak, Triad v. Southeastern express)
Steam ID: slashx000______Twitter: @bill_at_zeboyd______ Facebook: Zeboyd Games
Ergo, vis-a-vis, concordantly, backing up your copy of Brawl (or any Nintendo game) in order to mod and play is not within your rights.
Used games are now copies?
Silly me, I just thought people just sold used original copies.
Reselling the physical medium containing the copyrighted content is legitimate and not illegal under the First Sale Doctrine.
That is distinguished from making unauthorized copies of the content (copying software outside the scope of the license).
Steam ID: slashx000______Twitter: @bill_at_zeboyd______ Facebook: Zeboyd Games
Steam ID: slashx000______Twitter: @bill_at_zeboyd______ Facebook: Zeboyd Games
But so! Over an hour an no tales of nintendo dickery. I guess I should conclude that this is the only case and nintendo was having an off day, or just being dicks because they hate the "hardcore" brawl crowd so much.
It's like if Warren Robbinett showed up and put an end to slash's adventure project over there. You don't think anyone would be upset?
Its like a cop giving you a ticket for going 1mph over the speed limit
Technically you were speeding
but in reality the only reason you'd get a ticket is if the cop was a huge fuckin dick.
Same premise here. No one disputes nintendos right to do it, but to exercise the right over something harmless was a dick move, and their customers are showing their disdain for their action. Comercialism at work