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> I'm certainly not aware of any games that have been published in physical stores without the publisher having signed a publishing agreement with Nintendo or

> I'm certainly not aware of any games that have been published in physical stores without the publisher having signed a publishing agreement with Nintendo or Sony. They did put commercial unlicensed software into US retailers, without any agreement from Nintendo or Sony. https://en.wikipedia.org/wiki/Sega_v._Accolade https://en.wikipedia.org/wiki/Sega_v._Accolade (1992) https://en.wikipedia.org/wiki/Lewis_Galoob_Toys,_Inc._v._Nintendo_of_America,_Inc https://en.wikipedia.org/wiki/Lewis_Galoob_Toys,_Inc._v._Nin.... (1992) (TL/DR: you are allowed to build and publish and sell unlicensed software for a console. You are allowed to break DRM to do this, so long as it's a clean-room reverse engineer (don't pull a TENGEN). You are allowed to do this for your own uses (sell your own games) and are allowed to do this even if that software edits other people's legally-purchased software (cheat engines / debuggers / mods / etc). You can legally do this without any license agreement from Nintendo or Sony) This is how GameSharks/ActionReplays/etc were legally sold in every Wal*Mart / Target / Meijer / GameStop / etc in the US for a decade or more. Their boot screens all contain boot messages saying "this product is NOT licensed by Nintendo/Sega/Sony/etc" for this reason - https://nerdbacon.com/wp-content/uploads/2014/02/GS3.jpg https://nerdbacon.com/wp-content/uploads/2014/02/GS3.jpg These are still sold, legally at retail stores like GameStop and WalMart, even today: https://www.codejunkies.com/Products/PowerSaves-Pro__EF001113V.aspx https://www.codejunkies.com/Products/PowerSaves-Pro__EF00111... (again, still 100% unlicensed from Nintendo)

nodamage 6y ago
As I previously said, those cases are about whether reverse engineering constitutes copyright infringement, which the courts have ruled it does not. But it doesn't mean those platforms are "open", otherwise under that definition the iOS platform is "open" too because you can legally jailbreak your phone and distribute jailbroken apps. I don't think that's what people mean when they say a platform is "open". > This is how GameSharks/ActionReplays/etc were legally sold I was more curious if any actual games had been sold this way.

nodamage 6y ago

As I previously said, those cases are about whether reverse engineering constitutes copyright infringement, which the courts have ruled it does not. But it doesn't mean those platforms are "open", otherwise under that definition the iOS platform is "open" too because you can legally jailbreak your phone and distribute jailbroken apps. I don't think that's what people mean when they say a platform is "open". > This is how GameSharks/ActionReplays/etc were legally sold I was more curious if any actual games had been sold this way.