4 ms·

Nintendo has a history of getting videos taken down and entire channels suspended that didn't even violate any of those actions you described. > Specifically d

Nintendo has a history of getting videos taken down and entire channels suspended that didn't even violate any of those actions you described. > Specifically don't do anything that can directly enable piracy, such as dumping ROMs or say... trying to organize a Melee tournament using a Dolphin netplay mod. No offense meant towards you specifically, but if that's Nintendo's mindset then that's complete crap. ROM dumping is not a crime or YouTube content violation, nor is using one for a network tournament. Imagine a book publisher shutting down a book club on YouTube for discussing their books and sharing excerpts. Most reasonable people would find that absurd even if the law or any user agreement supported the publisher.

softfalcon 4y ago
I completely agree with you, it is completely absurd what Nintendo is doing. Unfortunately, Nintendo does not care what you think, does not care how this hurts their image, and does not care what damage this causes to the emulated longevity of their games lasting longer than the hardware they sell currently. It is in their financial interests to force everyone to always pay for and buy Nintendo hardware to perpetually keep having to upgrade and purchase new copies of their software from their online stores to keep playing old games. This is how they do business and by having articles, news, and social media posts constantly crying about how Nintendo did them wrong, it helps ensure that the average person keeps toeing the Nintendo line instead of exploring emulation. If a non-tech savvy person hears "Nintendo sued a guy for using emulation on his game meetup" they'll think, "eh, I think I'll just buy a Switch and not bother with emulation" when they want to play Yoshi's Island because nostalgia hit them in the feels. This whole thing is a song and dance to keep people buying real Nintendo hardware (or choosing to use already owned Nintendo hardware) to play games they could just emulate with a few quick downloads. It's why you see "Top 5 retro games you can buy on Nintendo eShop before it's gone" articles on Polygon and elsewhere every year. It's a whole schtick to get you to keep handing Nintendo money for a game you've likely already bought and paid for at least once in your life. Once again, I don't agree with Nintendo's stance, but boy oh boy is it ever profitable for them.
- ravenstine 4y ago
  Sure, I'm not suggesting that what Nintendo is doing isn't in their own best interest, given how most gamers will continue to just buy more Nintendo products. I'm in a minority where Nintendo's actions, on top of a selection of games that I find pretty lackluster, have caused me to give up on them and refuse them another shiny nickel. Attacking fans, IMO, is a no-no. Attacking the abandonware community is especially unacceptable. One can enjoy their games, but I don't get why people defend their being so draconian, given that any loss of revenue they claim over things like game walkthroughs is dubious, to say the least.
  - softfalcon 4y ago
    Yeah, I'm totally with you. Which is why I wrote a lengthy bit. I didn't feel like you were saying that these practices aren't in Nintendo's financial interests. I merely tacked my explanation on so that if others come through and read it, maybe they'll learn something about how negative Nintendo is towards their community. I feel like a lot of folks are kind of ignorant to what Nintendo is doing. I don't like these draconian practices, so I try and inform others of the BS as much as I can in hopes that more people will become vocal and stop silently supporting it.
- phpisthebest 4y ago
  >>they'll think, "eh, I think I'll just buy a Switch and Or (which is me) " I think I will just buy a SteamDeck and not bother with Nintendo at all" There is a reason why they are always number 3.... People tire of their BS. They could be #1 if they would get out of their own way
  - softfalcon 4y ago
    Hearing you say this warms my heart. Thanks for voting with your wallet! It might be worth noting that the Switch is still selling better than the Xbox, so they're technically #2: Total PS4 and PS5 sales: 149.7 million Total Switch sales: 122.3 million Total Xbox One + Xbox One X Sales: 70.5 million When you pair that with the fact the Switch has sold over 900 million in game sales... well, unfortunately, Nintendo has a long way to fall before they have to wake up and change their tact.
bragr 4y ago
>ROM dumping is not a crime Not a crime as such, but how does one dump a ROM without making copy, and how does one get the right to make copies if Nintendo won't license you the content? It's fine to make an policy argument about the the law aught to be, but you can't just ignore what it is.
- ravenstine 4y ago
  Making a copy for one's own use isn't immoral, no matter what is in the best interest of a business.
- jcranmer 4y ago
  It's permissible to create a copy for personal use, so long as you don't distribute the copy. Copyright is primarily about distribution of copies, not the making of copies themselves.
  - bragr 4y ago
    Right but that's a small fig leaf for the people who get sued over this who very much are going beyond personal use. Circling back to it's fine to make a policy argument but dumb to flout the law.
  - bdowling 4y ago
    No, copyright law is about the exclusive right to make copies, among other rights. In US law this is 17 USC 106. The reason making a single copy for personal use is generally considered permissible is because: (1) it may be fair use under 17 USC 107, (2) the copyright owner will probably never find out, and (3) even if the copyright owner found out it probably won’t sue over one copy.
  - kodt 4y ago
    Didn't the DMCA make bypassing copy protections illegal?
    - brokenmachine 4y ago
      ROMs don't generally have copy protection though, do they? I guess arcade ones do.
Mindwipe 4y ago
> ROM dumping is not a crime or YouTube content violation Depends on the territory. It is definitely not legal in the UK for example.

softfalcon 4y ago

I completely agree with you, it is completely absurd what Nintendo is doing. Unfortunately, Nintendo does not care what you think, does not care how this hurts their image, and does not care what damage this causes to the emulated longevity of their games lasting longer than the hardware they sell currently. It is in their financial interests to force everyone to always pay for and buy Nintendo hardware to perpetually keep having to upgrade and purchase new copies of their software from their online stores to keep playing old games. This is how they do business and by having articles, news, and social media posts constantly crying about how Nintendo did them wrong, it helps ensure that the average person keeps toeing the Nintendo line instead of exploring emulation. If a non-tech savvy person hears "Nintendo sued a guy for using emulation on his game meetup" they'll think, "eh, I think I'll just buy a Switch and not bother with emulation" when they want to play Yoshi's Island because nostalgia hit them in the feels. This whole thing is a song and dance to keep people buying real Nintendo hardware (or choosing to use already owned Nintendo hardware) to play games they could just emulate with a few quick downloads. It's why you see "Top 5 retro games you can buy on Nintendo eShop before it's gone" articles on Polygon and elsewhere every year. It's a whole schtick to get you to keep handing Nintendo money for a game you've likely already bought and paid for at least once in your life. Once again, I don't agree with Nintendo's stance, but boy oh boy is it ever profitable for them.

ravenstine 4y ago
Sure, I'm not suggesting that what Nintendo is doing isn't in their own best interest, given how most gamers will continue to just buy more Nintendo products. I'm in a minority where Nintendo's actions, on top of a selection of games that I find pretty lackluster, have caused me to give up on them and refuse them another shiny nickel. Attacking fans, IMO, is a no-no. Attacking the abandonware community is especially unacceptable. One can enjoy their games, but I don't get why people defend their being so draconian, given that any loss of revenue they claim over things like game walkthroughs is dubious, to say the least.
- softfalcon 4y ago
  Yeah, I'm totally with you. Which is why I wrote a lengthy bit. I didn't feel like you were saying that these practices aren't in Nintendo's financial interests. I merely tacked my explanation on so that if others come through and read it, maybe they'll learn something about how negative Nintendo is towards their community. I feel like a lot of folks are kind of ignorant to what Nintendo is doing. I don't like these draconian practices, so I try and inform others of the BS as much as I can in hopes that more people will become vocal and stop silently supporting it.
phpisthebest 4y ago
>>they'll think, "eh, I think I'll just buy a Switch and Or (which is me) " I think I will just buy a SteamDeck and not bother with Nintendo at all" There is a reason why they are always number 3.... People tire of their BS. They could be #1 if they would get out of their own way
- softfalcon 4y ago
  Hearing you say this warms my heart. Thanks for voting with your wallet! It might be worth noting that the Switch is still selling better than the Xbox, so they're technically #2: Total PS4 and PS5 sales: 149.7 million Total Switch sales: 122.3 million Total Xbox One + Xbox One X Sales: 70.5 million When you pair that with the fact the Switch has sold over 900 million in game sales... well, unfortunately, Nintendo has a long way to fall before they have to wake up and change their tact.

bragr 4y ago

>ROM dumping is not a crime Not a crime as such, but how does one dump a ROM without making copy, and how does one get the right to make copies if Nintendo won't license you the content? It's fine to make an policy argument about the the law aught to be, but you can't just ignore what it is.

ravenstine 4y ago
Making a copy for one's own use isn't immoral, no matter what is in the best interest of a business.
jcranmer 4y ago
It's permissible to create a copy for personal use, so long as you don't distribute the copy. Copyright is primarily about distribution of copies, not the making of copies themselves.
- bragr 4y ago
  Right but that's a small fig leaf for the people who get sued over this who very much are going beyond personal use. Circling back to it's fine to make a policy argument but dumb to flout the law.
- bdowling 4y ago
  No, copyright law is about the exclusive right to make copies, among other rights. In US law this is 17 USC 106. The reason making a single copy for personal use is generally considered permissible is because: (1) it may be fair use under 17 USC 107, (2) the copyright owner will probably never find out, and (3) even if the copyright owner found out it probably won’t sue over one copy.
- kodt 4y ago
  Didn't the DMCA make bypassing copy protections illegal?
  - brokenmachine 4y ago
    ROMs don't generally have copy protection though, do they? I guess arcade ones do.

Mindwipe 4y ago

> ROM dumping is not a crime or YouTube content violation Depends on the territory. It is definitely not legal in the UK for example.