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ROM hacks now in Nintendo's crosshairs
http://forums.nesdev.com/viewtopic.php?f=5&t=15298
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Author:  lidnariq [ Sat Mar 18, 2017 7:29 pm ]
Post subject:  Re: ROM hacks now in Nintendo's crosshairs

[citation needed]

Both halves. Good luck showing damages.

Author:  tcaudilllg [ Sat Mar 18, 2017 10:41 pm ]
Post subject:  Re: ROM hacks now in Nintendo's crosshairs

lidnariq wrote:
[citation needed]

Both halves. Good luck showing damages.


I mean winning the case on the defense, not winning anything directly from Nintendo.

Patch law has never been settled. Just because modders haven't been willing to meet the bullies in court doesn't mean the bullies will win. There is a lot of sympathy for modders nowadays. This dragon is nearly dead and all that remains is to shoot the arrow into that soft underbelly.

That said, I don't think character protections are dead. I just think people are ready to tolerate enhancements and insertions.

Author:  8bitMicroGuy [ Sun Mar 19, 2017 2:43 pm ]
Post subject:  Re: ROM hacks now in Nintendo's crosshairs

tcaudilllg wrote:
And you should know 8bitguy that BHDN has already vowed to desecrate your bits.

If they don't break the vow, they won't have a happy afterlife.

Author:  tcaudilllg [ Sun Mar 19, 2017 2:46 pm ]
Post subject:  Re: ROM hacks now in Nintendo's crosshairs

So I looked more deeply into the Prism thing.
https://arstechnica.com/gaming/2016/12/ ... om-hacker/
"It would have contained other tweaks, such as Brown's special monster types (wood, gas, wind, abnormal, and sound)"

I can understand Nintendo's lawyers taking action here. There comes a point when an idea is such a natural extension of the original that it inhibits the original's further expansion. In Nintendo's eyes, Prism crosses that line. It makes more legal sense if you consider that the maker of Prism could have potentially leveraged their fame on account of Prism's popularity, to create a bonafide competitor to Pokemon, claiming the expanded monster types as exclusives along with, possibly, Pokemon's simple alchemy-based originals. It could have been them suing Nintendo.

Nintendo's actually been down this road before. Graal Online was based on TLoZ: LttP initially, then later removed copyrighted content once they had a player base in the thousands. But now Nintendo's in a bind because lots of the ideas they'd have used in an online Zelda game have already been claimed by the creators of Graal. So where Final Fantasy and Dragon Quest go, Zelda can't necessarily follow.

Author:  tcaudilllg [ Sun Mar 19, 2017 3:07 pm ]
Post subject:  Re: ROM hacks now in Nintendo's crosshairs

btw 8bitguy, there's something you should know about copyright and porn. The reason you don't see intelligent use of sex in porn parodies is because they have to be exactly that to be legal. They have to be nonsensical, but in so doing, they conclusively evade your reach. You don't have a prayer of preventing the parody of your hack. In fact, you've invited it and subjected yourself to likely opportunity-destroying ridicule and humiliation. Far from enhancing your product, you have cheapened it by denying the possibility of its artistic merit.

Author:  8bitMicroGuy [ Sun Mar 19, 2017 3:21 pm ]
Post subject:  Re: ROM hacks now in Nintendo's crosshairs

There are way better ways of being artistic and parodyish than just making porn. Making porn is like if you want to corrupt a mind of a child which will grow up and make more porn. Kinda like how a rapist corrupts a parent who corrupts the child who then corrupts their children. Porn is a virus. If you really wanna have fun, make something that kids will enjoy without feeling traumatized.

Author:  8bitMicroGuy [ Sun Mar 19, 2017 3:24 pm ]
Post subject:  Re: ROM hacks now in Nintendo's crosshairs

And please call me 8bitMicroGuy or just Micro instead of 8bitguy because there seems to be a guy called The 8-Bit Guy. Just for your information, I haven't known that he existed because I just had to make a quick username and I picked 8bitMicroGuy because I program 8-bit microcontrollers and Google didn't show me any name conflicts.

Author:  lidnariq [ Sun Mar 19, 2017 3:35 pm ]
Post subject:  Re: ROM hacks now in Nintendo's crosshairs

8bitMicroGuy wrote:
There are way better ways of being artistic and parodyish than just making porn.
You completely misunderstand.

The point is the porn.

The porn is the point.

Making it a parody makes it a legally defensible use of other people's copyright/trademark.

Everything else is irrelevant.

Except in the specific case of the creator specifically going on record of disallowing pornographic content, in which case the parody is necessarily pornographic in order to be a parody about opinions about pornography.

Quote:
Making porn is like if you want to corrupt a mind of a child which will grow up and make more porn. Kinda like how a rapist corrupts a parent who corrupts the child who then corrupts their children. Porn is a virus. If you really wanna have fun, make something that kids will enjoy without feeling traumatized.
The kids are irrelevant. The porn is the point.

And the rest of your foamy "argument" wouldn't persuade anyone who didn't already completely agree with you.

Author:  tcaudilllg [ Sun Mar 19, 2017 3:43 pm ]
Post subject:  Re: ROM hacks now in Nintendo's crosshairs

8bitMicroGuy wrote:
There are way better ways of being artistic and parodyish than just making porn. Making porn is like if you want to corrupt a mind of a child which will grow up and make more porn. Kinda like how a rapist corrupts a parent who corrupts the child who then corrupts their children. Porn is a virus. If you really wanna have fun, make something that kids will enjoy without feeling traumatized.


He ought to be banned for this.

Author:  lidnariq [ Sun Mar 19, 2017 3:52 pm ]
Post subject:  Re: ROM hacks now in Nintendo's crosshairs

How is that a ban-able offense?

Author:  tcaudilllg [ Sun Mar 19, 2017 3:54 pm ]
Post subject:  Re: ROM hacks now in Nintendo's crosshairs

lidnariq wrote:
How is that a ban-able offense?


It's the same stuff those idiot pols in Oklahoma and Kansas say, and when people believe it, it causes stigmatism against rape victims. Which I don't think anyone with actual ability to work on an NES or SNES would actually believe it (unless they were indoctrinated from birth to be fundies, but that's just outside the norm here). But you don't want to encourage it.

Author:  8bitMicroGuy [ Sun Mar 19, 2017 5:06 pm ]
Post subject:  Re: ROM hacks now in Nintendo's crosshairs

If I wasn't clear enough that porn is bad, then I'm just going to quit from this topic and move on. And don't anyone dare talk something about me behind my back, you understand!? There will be flamewars. Not caused by me, but by those who say who should be banned and by those who use logical fallacies to achieve their own pornographic goals.

Author:  lidnariq [ Sun Mar 19, 2017 5:31 pm ]
Post subject:  Re: ROM hacks now in Nintendo's crosshairs

Your opinions on the matter have been made perfectly clear.

Your opinions on the matter do not affect whether generic cartoon porn of existing other characters can be defended as parody.

However, your opinions on the matter are, in fact, the very reason that it would be trivial to defend as parody a hypothetical pornographic creation based on a hypothetical character you made. Do you understand what parody is? Do you understand why I'm very carefully saying "defend as parody" rather than "is explicitly allowed by copyright" ?


Your threats are also particularly juvenile.

Author:  Drew Sebastino [ Sun Mar 19, 2017 5:35 pm ]
Post subject:  Re: ROM hacks now in Nintendo's crosshairs

8bitMicroGuy wrote:
don't anyone dare talk something about me behind my back, you understand!?

Dang it, I was about to PM someone... :lol:

Author:  tcaudilllg [ Sun Mar 19, 2017 7:49 pm ]
Post subject:  Re: ROM hacks now in Nintendo's crosshairs

Gee I thought this was a site that was more about tech stuff, where even the general stuff had some merit. Seriously this bullshit belongs at RHDN. This guy isn't going to become anything anyhow (except a preacher or a lawyer (nah)), so why humor him? I think he's trolling.

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