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 PostPost subject: Re: Removal of all Nintendo content        Posted: Tue Jan 08, 2019 10:36 pm 
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JackArchive wrote:
But what if a legitimate copy of a game I'm interested in playing is too expensive in the current markets and there's no other way of obtaining one at a fairer price? Does that translate to "Too bad, go back to watching YouTube videos of someone else playing it"?

It really does.
JackArchive wrote:
Also personally retaining a copy is more in the lines of "collecting" than it is "preserving". Sure "collecting" is technically archiving a work, but it's up to the individual's discretion to keep it secure and in public consciousness, rather than "preserving" where a work is kept safe in the best form available thanks to community effort like here in BetaArchive. Granted it depends on the scarcity and other factors, but it's assuming the work is scarce and/or commonly scalped.

I feel that it is more nuanced than that; all preservation starts with the individual. As you realize here there is little incentive for even this community, for instance, to make an effort to keep certain works in public consciousness (even if these works are safe for now).
JackArchive wrote:
Not implying that my definition of "preservation" is synonymous with piracy, by the way. Just as long as there's community consciousness of keeping the work in check and out of the wrong hands to ensure a copy of it doesn't get illegaly distributed (or even worse, illegaly sold). However, I understand we don't live in a perfect world so my definition is bound to have flaws more than anything.

Unfortunately I would argue that it is synonymous with copyright infringement just as an example with that, for want of a better term, competitor—what was its name? WinWorldPC?—would be synonymous. With the latter example with the competitor this is exacerbated by the distribution of licenses (which BetaArchive admittedly fights tooth and nail to prohibit (e.g., if memory serves licenses are prohibited from being posted on the forum)). Community efforts such as this actually facilitate the unauthorized distribution of software.

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 PostPost subject: Re: Removal of all Nintendo content        Posted: Tue Jul 02, 2019 5:18 pm 
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LilShootDawg wrote:
iProgramInCpp wrote:
I feel that Nintendo ROMs over 20 years old should be in public domain.


Look at Super Mario 64. Can you find a copy still sold? Of course not! You'll have to look for a copy on 2nd hand and online stores like eBay or Amazon or whatever. But do Nintendo earn any money from this trade? No! The only person earning money from selling a copy of SM64 is the seller!

Nintendo won't earn any more money from SM64 because it's not sold anymore. Since it's not being sold anymore, that means that no revenue from that game goes to Nintendo. This will apply to digital content as well 10-20 years from now. That's why people want to mod their console - to dump the games and keep them and preserve them.

Did you forget about the Virtual Console?

sorry for the late reply, last time I've checked, the Wii Shop Channel is down too so NOW they can't earn any more money...


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 PostPost subject: Re: Removal of all Nintendo content        Posted: Tue Jul 02, 2019 7:25 pm 
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iProgramInCpp wrote:
LilShootDawg wrote:
iProgramInCpp wrote:
I feel that Nintendo ROMs over 20 years old should be in public domain.


Look at Super Mario 64. Can you find a copy still sold? Of course not! You'll have to look for a copy on 2nd hand and online stores like eBay or Amazon or whatever. But do Nintendo earn any money from this trade? No! The only person earning money from selling a copy of SM64 is the seller!

Nintendo won't earn any more money from SM64 because it's not sold anymore. Since it's not being sold anymore, that means that no revenue from that game goes to Nintendo. This will apply to digital content as well 10-20 years from now. That's why people want to mod their console - to dump the games and keep them and preserve them.

Did you forget about the Virtual Console?

sorry for the late reply, last time I've checked, the Wii Shop Channel is down too so NOW they can't earn any more money...

Did you forget about the Wii U? Or the Switch?

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 PostPost subject: Re: Removal of all Nintendo content        Posted: Tue Jul 02, 2019 8:15 pm 
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Whether or not they make money, it's the copyright owner's legal right to restrict their IP. Whether or not they should be allowed to is a philosophical debate.
Have the admins thought about a library-type checkout solution? It wouldn't be unauthorized duplication if only one person was allowed to use the software at a time.


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 PostPost subject: Re: Removal of all Nintendo content        Posted: Wed Jul 03, 2019 12:48 am 
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MrBurgerKing wrote:
Whether or not they make money, it's the copyright owner's legal right to restrict their IP. Whether or not they should be allowed to is a philosophical debate.
Have the admins thought about a library-type checkout solution? It wouldn't be unauthorized duplication if only one person was allowed to use the software at a time.
If you checked their website, you would have noticed that they're against any copying of the software, even for backup purposes. They have stated quite clearly that they are against the use of extra or downloaded copies of their games, even for people who own a copy of the original.

So in short - as far as they're concerned, you can't make a copy of it at all, even if you can prove without a shadow of a doubt that you have an original in your posession.

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 PostPost subject: Re: Removal of all Nintendo content        Posted: Wed Jul 03, 2019 5:50 pm 
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Back-ups are kind of a grey area in many jurisdictions. For example, in USA, the supreme court ruled 5-4 that it was legal to record video broadcasts for noncommercial time-shifting, but it was illegal to do the same with radio broadcasts until AHRA which forced manufacturers to pay royalties to the record companies. There currently isn't anything on the books about format and space shifting. If personal backups are explicitly prohibited in the eula then it is infringement, but if it's silent then the issue would have to be decided in court.


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