Nintendo ownz emulation

Sometimes Even Console Emulation Can be Deceptive

Nintendo ownz emulation

Postby release on Sat Mar 13, 2004 12:54 am

In January 2004, Nintendo was granted a US Patent for a GB/GBC/GBA emulator (submitted way back in 2000). This means any and all GB emulators not authorized by Nintendo are now illegal. Let me know your thoughts, but now with a patent behind them, there isn't much arguing about the issue... Unfortunately we have no choice but to hold off on the Firestorm release until we can consult a lawyer, and if we choose not to go ahead because of the big N, then we will of course refund everyone's money.


---------

VIA FEDERAL EXPRESS & EMAIL (mailto:kyle@crimsonfire.com)

March 11, 2004

Mr. Kyle Poole
d/b/a Crimson Fire Entertainment
90 James Street
New Hamburg ON N3A2B3
CANADA

Re: Firestorm gbaZ - Unauthorized Game Boy® Advance emulator

Dear Mr. Poole:

We are extremely concerned about the Firestorm gbaZ emulator that is currently offered for pre-order at your web site crimsonfire.com.

Nintendo is a leader in the video game industry. Nintendo's success is based on its pioneering efforts in the field of video game technology; its substantial effort, imagination, and resources in developing high quality video game software, hardware systems and accessories; and its record of vigorously protecting its intellectual property against infringement.

Nintendo is the owner and/or exclusive licensee of extensive intellectual property rights in its proprietary video game technology and software. Such rights include, without limitation, patent rights and copyrights in its Game Boy® family of video game systems and technology related thereto, as well as copyrights and trademarks in the video games for such systems. All of the software for Nintendo's proprietary video game systems is distributed in a tangible medium, sold through retail outlets. None of the games are distributed in digital versions on the Internet. Any such distribution, or promotion of any such distribution, is illegal.

Nintendo has recently been granted U.S. Patent No. 6,672,963 (issued January 6, 2004) which relates to software emulation of a handheld video game system, such as the Game Boy® Advance system, on a different system. A copy of this patent is enclosed for your reference. You should be aware that, under U.S. law, if you proceed to release an infringing emulator in violation of a Nintendo patent, Nintendo may be entitled to treble damages for willful infringement.

In addition, in an effort to protect its valuable intellectual property rights, Nintendo incorporates security features in its video game software and hardware systems to ensure that the software and hardware (and the proprietary content therein) are only accessed and used by authorized persons.

A review of the your web site indicates that you have announced you plan to distribute the Firestorm gbaZ emulator, which purports to allow users to play Game Boy®, Game Boy® Color, and Game Boy® Advance video game software on the Tapwave Zodiac platform. Further, your web site encourages users to download thousands of copyrighted works published by Nintendo and its video game licensees exclusively for the proprietary Nintendo systems. Indeed, the front page of your website states:

" 1600 GBA games
1200 GBC games
600 GB games
1 great emulator"

Both the emulator and the 3,400 infringing versions of games you advertise are not authorized by Nintendo. Your website also states that "You must own a physical copy to legally play the ROMs." This statement is not correct and operates as a further inducement to users to buy the Firestorm gbaZ emulator to play illegal copies of Nintendo video games. The very limited archival copy exception to copyright laws is set forth in 17 U.S.C. §117(a)(2), which specifies that the owner of a computer program can make a copy "for archival purposes only." Even if it were otherwise permitted, which it is not, playing a copy of a Nintendo game on the Zodiac system is not "archiving". Moreover, §117(a)(2) does not allow the owner of a game to make a copy of a game ROM that someone else possesses, or to post a copy on the Internet for distribution. Therefore, whether you have an authentic game or not, it is illegal to copy a Nintendo game from a cartridge or to download and play a Nintendo ROM from the Internet.

Nintendo reserves all rights and remedies with respect to your products and activities, including any rights that are not listed above but that may also be implicated by such products or activities.

We look forward to receiving immediate confirmation that you and Crimson Fire Entertainment: 1) will not promote, market, use or distribute the Firestorm gbaZ; and 2) will not pursue any activities relating to an emulator or ROMs for any Nintendo video game system.

Very truly yours,

NINTENDO OF AMERICA INC.

Sayoko Blodgett-Ford
Associate Counsel


Sayoko Blodgett-Ford
Associate Counsel
Nintendo of America Inc.
4820 150th Avenue NE
Redmond, WA 98052
Phone: (425) 861-2876
Fax: (425) 882-3585
Email: mailto:sayoko@nintendo.com

original post can be found here :
http://www.crimsonfire.com/community/showthread.php?threadid=2407
Cheers,

Release.
User avatar
release
PCB Baron
PCB Baron
 
Posts: 655
Joined: Sun Dec 15, 2002 12:49 am
Location: In the Ether, somewhere...

Postby release on Sat Mar 13, 2004 12:56 am

Cheers,

Release.
User avatar
release
PCB Baron
PCB Baron
 
Posts: 655
Joined: Sun Dec 15, 2002 12:49 am
Location: In the Ether, somewhere...

Postby Class316 on Sat Mar 13, 2004 3:29 am

Yea but people can still do free ones.
User avatar
Class316
PCB Emperor
PCB Emperor
 
Posts: 2143
Joined: Mon Jun 10, 2002 2:02 am

Postby Cypher_Blade on Sat Mar 13, 2004 9:53 am

Yeah, they only get really pissy if you charge for your emulator.

And besides, they DO have a patent, and they DID make the systems that are emulated. There's no arguing that they have every right to do this.
Image
User avatar
Cypher_Blade
PCB Resident
PCB Resident
 
Posts: 290
Joined: Fri Apr 26, 2002 6:01 am
Location: Here

Postby ivwshane on Sat Mar 13, 2004 6:51 pm

The part that I wonder about is whether or not they can back up this statement:

Both the emulator and the 3,400 infringing versions of games you advertise are not authorized by Nintendo. Your website also states that "You must own a physical copy to legally play the ROMs." This statement is not correct and operates as a further inducement to users to buy the Firestorm gbaZ emulator to play illegal copies of Nintendo video games. The very limited archival copy exception to copyright laws is set forth in 17 U.S.C. §117(a)(2), which specifies that the owner of a computer program can make a copy "for archival purposes only." Even if it were otherwise permitted, which it is not, playing a copy of a Nintendo game on the Zodiac system is not "archiving". Moreover, §117(a)(2) does not allow the owner of a game to make a copy of a game ROM that someone else possesses, or to post a copy on the Internet for distribution. Therefore, whether you have an authentic game or not, it is illegal to copy a Nintendo game from a cartridge or to download and play a Nintendo ROM from the Internet.


If you can make a back up but can't use it then whats the point?

While some of you say that it's not a big deal because nintendo will only go after those who charge for the emulator, that may only be true now. In the future though, that could mean going after other emu offers which would difinitely impact the entire scene.

This not good and it paves the way for other companies to make similar moves.
Image
User avatar
ivwshane
PCB Conqueror
PCB Conqueror
 
Posts: 1973
Joined: Thu May 17, 2001 6:01 am
Location: California U.S.A.

Postby Class316 on Wed Mar 17, 2004 4:30 pm

It's illegal to download a backup even if you own the cart. It's only legal if you make a backup yourself and play it.
User avatar
Class316
PCB Emperor
PCB Emperor
 
Posts: 2143
Joined: Mon Jun 10, 2002 2:02 am

Postby Cypher_Blade on Wed Mar 17, 2004 8:14 pm

So basically, we're all dirty pirates. Yes, even if we download only old MAME roms.
Image
User avatar
Cypher_Blade
PCB Resident
PCB Resident
 
Posts: 290
Joined: Fri Apr 26, 2002 6:01 am
Location: Here

Postby ivwshane on Wed Mar 17, 2004 8:32 pm

Class316 wrote:It's illegal to download a backup even if you own the cart. It's only legal if you make a backup yourself and play it.


If that were the case then how come roms backup devices are illegal?
Image
User avatar
ivwshane
PCB Conqueror
PCB Conqueror
 
Posts: 1973
Joined: Thu May 17, 2001 6:01 am
Location: California U.S.A.

Postby Class316 on Wed Mar 17, 2004 10:00 pm

ivwshane wrote:If that were the case then how come roms backup devices are illegal?


Were they ever officially declared illegal?
User avatar
Class316
PCB Emperor
PCB Emperor
 
Posts: 2143
Joined: Mon Jun 10, 2002 2:02 am

Postby were on Wed Mar 17, 2004 10:27 pm

kinda like..mp3 players..their not illegal.. :?
Zep wrote:yes, i am drunk, but did I loot? NO NO NO NO NO NO NO
User avatar
were
PCB Emperor
PCB Emperor
 
Posts: 2500
Joined: Wed May 16, 2001 6:01 am
Location: atlantic canada

Postby ivwshane on Thu Mar 18, 2004 8:29 am

I give the GBA flash linker as mt example.
Image
User avatar
ivwshane
PCB Conqueror
PCB Conqueror
 
Posts: 1973
Joined: Thu May 17, 2001 6:01 am
Location: California U.S.A.


Return to Console Emulation

Who is online

Users browsing this forum: No registered users and 9 guests

cron