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None of that presents any kind of legal difficulty. If a game is recompiled under a new architecture, it's still the same graphics and text and levels and ever

None of that presents any kind of legal difficulty. If a game is recompiled under a new architecture, it's still the same graphics and text and levels and everything. It's not really any different from a new printing of a book in paperback instead of hardcover and in a different font. The copyright on those elements remains intact. If you're simply talking about access to previous versions for researchers and archivists, that's more of a question of archival practices than of copyright. Which is a very interesting conversation, but a totally separate one.

jonhohle 2y ago
It may it matter to you, but it certainly matters to competitive, speed run, and enthusiast communities around different games. I mentioned Sonic 3 because it’s not the same music after the initial release. Depending on the version, Symphony of the Night is not the same levels or graphics. There are multiple versions of Revenge of Shinobi which replace various bosses for the Sega Genesis. Final Fantasy VI may or may not be the same code. Later versions may or may not use resources from earlier versions, sometimes a release is a completely new game with the same gameplay and aesthetic (this was especially true in 16-hit and earlier eras when arcade and home versions were complete reimplementations of the same game). They might have the same name, but at what point does the Ship of Theseus become a different thing?
- kelnos 2y ago
  > They might have the same name, but at what point does the Ship of Theseus become a different thing? Who knows, doesn't really matter. Like with most things, the courts can determine on a case-by-case basis whether or not a particular thing currently on sale is similar enough to the old/original version of it such that the original thing should still hold copyright. Not really a big deal from a legal standpoint.
  - jonhohle 2y ago
    My original reply was to a post suggesting something go into the public domain so many years after it has stopped being sold. I was just trying to illustrate how quickly that becomes a tricky problem. I don’t think that concept is viable for other reasons, so hypothesizing is all we’ll ever have.

jonhohle 2y ago

It may it matter to you, but it certainly matters to competitive, speed run, and enthusiast communities around different games. I mentioned Sonic 3 because it’s not the same music after the initial release. Depending on the version, Symphony of the Night is not the same levels or graphics. There are multiple versions of Revenge of Shinobi which replace various bosses for the Sega Genesis. Final Fantasy VI may or may not be the same code. Later versions may or may not use resources from earlier versions, sometimes a release is a completely new game with the same gameplay and aesthetic (this was especially true in 16-hit and earlier eras when arcade and home versions were complete reimplementations of the same game). They might have the same name, but at what point does the Ship of Theseus become a different thing?

kelnos 2y ago
> They might have the same name, but at what point does the Ship of Theseus become a different thing? Who knows, doesn't really matter. Like with most things, the courts can determine on a case-by-case basis whether or not a particular thing currently on sale is similar enough to the old/original version of it such that the original thing should still hold copyright. Not really a big deal from a legal standpoint.
- jonhohle 2y ago
  My original reply was to a post suggesting something go into the public domain so many years after it has stopped being sold. I was just trying to illustrate how quickly that becomes a tricky problem. I don’t think that concept is viable for other reasons, so hypothesizing is all we’ll ever have.