You see…
It’s okay when THEY do it.
It’s not okay when YOU do it.
That’s how they function.
Well yeah, as the owners they have the exclusive right to determine what’s okay. They’re just following the rules as they’ve been laid out by centuries of corporate lobbying for more exploitable copyright laws. Those are what we need to focus on if we want more fair use of intellectual property that the rights holder has already sufficiently profited from - the thing that such protections were initially meant to ensure to a much more reasonable extent.
You had me in the first half ngl (more like first sentence but close enough)
But they DO have the exclusive right. People want to be told the world is different - that it’s better - but if we want to change it we need to see it for what it is. If we say “They don’t have the right!” before we’ve done the work necessary to strip them of the right, then we’ll never even understand how to start fixing this broken system.
Well, you know, the games are theirs to begin with.
I see what you mean, and you are correct, but I think it’s more about the games that are being emulated than emulation in itself right?
It would be, if they didn’t target the emulators and only targeted the roms/game data.
The only time the emulators are targeted is when the creators try to profit off them, or am I mistaken?
Wait are we arguing that the owner of something isn’t entitled more than someone who stole it?
If Nintendo were only showcasing games developed AND published by Nintendo, that might be the argument.
They’re not though, some of the games they’re showing they didn’t develop or publish.
Nintendo says emulation is transformative, that due to the recompiler, it’s a new work. Do they have permission from all the rightsholders for third party games to make a transformative work?
Do they even have the permissions from artists who might have licensed their work to Nintendo for X game, but not for the newly emulated ‘Y’
Wait are we arguing that the owner of something isn’t entitled more than someone who bought it?
FTFY. The problem is not with Nintendo being against emulators because of piracy, they’re against emulators even if you own the game and the hardware but want to preserve the hardware (just like they do in the museum).
And if the counter-argument is that you don’t own the game when you buy it, then by that same logic you don’t steal it when you pirate it.
Nintendo has never been against emulation. They’ve only been against people playing without paying.
Yes they have. They’ve just recently nuked on the Switch emulator.
And you can bet that if they could, Nintendo would go out of their way to sue any other emulator developer that emulates their games. The only things saving some of those emulators is technicalities like open-source.
I’m not going to check the whole archive, but going back to at least 2005, Nintendo was asking users to …
report ROM sites, emulators, Game Copiers, Counterfeit manufacturing, or other illegal activities
https://web.archive.org/web/20051124194318/http://www.nintendo.com/corp/faqs/legal.html
Here’s some more quotes from the same page where Nintendo is viciously anti-emulation:
The introduction of video game emulators represents the greatest threat to date to the intellectual property rights of video game developers. As is the case with any business or industry, when its products become available for free, the revenue stream supporting that industry is threatened. Such emulators have the potential to significantly damage a worldwide entertainment software industry which generates over $15 billion annually, and tens of thousands of jobs.
Distribution of a Nintendo emulator trades off of Nintendo’s goodwill and the millions of dollars invested in research & development and marketing by Nintendo and its licensees. Substantial damages are caused to Nintendo and its licensees. It is irrelevant whether or not someone profits from the distribution of an emulator. The emulator promotes the play of illegal ROMs , NOT authentic games. Thus, not only does it not lead to more sales, it has the opposite effect and purpose.
Personal Websites and/or Internet Content Providers sites That link to Nintendo ROMs, Nintendo emulators and/or illegal copying devices can be held liable for copyright and trademark violations, regardless of whether the illegal software and/or devices are on their site or whether they are linking to the sites where the illegal items are found.
I kinda get that they’ll do whatever than can to shut down an emulator for a console still selling and available on the shelves though. Not that there aren’t legitimate cases for it (homebrew software and games), but that’s not what Nintendo is concerned about.
But screw that for legacy consoles, game preservation is important too.
They’ve just recently nuked on the Switch emulator.
Because it was being used for piracy. As in, had support in the emulator’s code for unreleased games. Nintendo rarely goes after emulator devs that don’t use their code.
