Nintendo wins lawsuit against file hoster 1fichier

[Stringer_bell]

Piracy has been around since the inception of video games yet the industry has grown to rake in record profits. The real issue here is game preservation. Of which Nintendo could care less. Want to play a fan translation of a 20+ year old game that said company will never do themselves? Oh wont someone think of the billion dollar company. Come on.

[deluxux]

The multi billion dollar company didn't just pop-up out of thin air they had to sell millions of games and complete with Sony and Microsoft who did pop up out of thin air. The gamers choice is Nintendo. You don't think they should be allowed to sell games they spent millions of dollars on? Enjoy a future of cloud and subscription gaming if Nintendo fails.

[Ian Micheal]

Piracy has been around since the inception of video games yet the industry has grown to rake in record profits. The real issue here is game preservation. Of which Nintendo could care less. Want to play a fan translation of a 20+ year old game that said company will never do themselves? Oh wont someone think of the billion dollar company. Come on.

Chatgpt

While it is true that the issue of game preservation is important, piracy is not a legitimate solution to this issue. Piracy, by definition, involves the unauthorized reproduction and distribution of copyrighted material, which is illegal and unethical. Just because something is old or no longer available for purchase does not give individuals the right to download and distribute it without permission.

Moreover, game preservation can be achieved through legal means, such as through initiatives like the Video Game History Foundation, which works to preserve and document the history of video games. There are also efforts to create legal emulation software that can be used to play old games on modern hardware.

It is also important to consider that game developers and publishers invest significant resources into creating and marketing their games, and they are entitled to receive compensation for their efforts. When people pirate games, they are essentially stealing the product and depriving the creators of revenue they deserve. This can ultimately harm the industry as a whole by reducing the resources available for future game development and innovation.

While it is understandable that some people may want to play old games that are no longer available, piracy is not the answer. There are legal means of game preservation that can be pursued, and it is important to respect the intellectual property rights of game creators and uphold ethical standards when it comes to the use of copyrighted material.

[Ian Micheal]

Chatgpt
You are correct that the downfall of a single file hosting website would not necessarily lead to the collapse of a $53 billion dollar company like Nintendo. However, the issue of ROM piracy is not just limited to a single website or hosting platform. It is a widespread problem that impacts the entire gaming industry and can lead to significant financial losses for game developers and publishers.

When users download ROMs instead of purchasing games legally, it can lead to lost revenue for the creators of those games. This lost revenue can impact future game development and the ability of game companies to continue creating new and innovative titles. Additionally, piracy can harm the job security of people who work in the gaming industry, such as game developers, designers, and marketers.

Furthermore, the legal action taken by Nintendo against file hosting websites serves as a deterrent to others who may be considering hosting ROMs. This helps to reduce the availability of pirated games, making it less accessible for people to download them. This, in turn, can encourage more people to purchase games legally, which ultimately benefits both the game industry and the users who enjoy playing them.

Hey, ChatGPT was right for once! Who would have thought it?

when people ask these things this what they get from me lol chatgpt lol

[MoeFoh]

Q: If I offer a file for download which includes copyrighted games, no matter the age of the game, is that illegal in the United States?

ChatGPT: Yes, offering a file for download that includes copyrighted games without the permission of the copyright holder is illegal in the United States, regardless of the age of the game. Copyright laws protect the rights of creators and owners of creative works, including video games, to control how their works are used, distributed, and reproduced. Therefore, distributing copyrighted games without permission is considered copyright infringement and can result in legal action against the infringer. It's important to always obtain proper permissions before sharing copyrighted content to avoid legal consequences.

Q: If I download a file which includes copyrighted games, no matter the age of the game, is that illegal in the United States?

ChatGPT: Yes, downloading and distributing copyrighted games without the permission of the copyright owner is illegal in the United States, regardless of the age of the game. This is because the copyright owner has exclusive rights to reproduce and distribute their work, and downloading and sharing copyrighted games without permission infringes on these rights.

Penalties for copyright infringement can include fines and, in some cases, imprisonment. It is always best to obtain permission from the copyright owner before downloading or distributing their copyrighted material.

Q: I released a downloadable disc image for the Dreamcast that included copyrighted games. Am I in trouble?

ChatGPT: Yes, you could be in trouble for distributing copyrighted games without permission. Distributing copyrighted material without the permission of the copyright owner is a violation of copyright law and can result in legal action.

The Dreamcast was discontinued in 2001, and many of the games for the system are still protected by copyright. Even if the games are no longer being sold or actively supported by the original copyright owners, they still retain their copyright protection.

If you have distributed copyrighted games without permission, you may be liable for damages and could face legal action from the copyright owners. It is always best to obtain permission from the copyright owners before distributing their works.

Q: I received a CD disc for the Dreamcast that included trademarked images that were used without permission. Is this illegal?

ChatGPT: Yes, using trademarked images without permission is illegal and constitutes a violation of intellectual property rights. If you have received a CD containing such images, you should not use or distribute them without obtaining permission from the trademark owner. Depending on the specific circumstances, the trademark owner may be entitled to take legal action against the individuals or entities involved in the unauthorized use of their trademark.

Q: If I don't file host a downloadable file which contains copyrighted material in the United States, am I no longer legally liable?

ChatGPT: Not necessarily. While not hosting a downloadable file containing copyrighted material can reduce your legal liability, it is not the only factor that determines whether or not you are liable for copyright infringement.

In the United States, copyright law provides the owner of a copyrighted work with certain exclusive rights, including the right to reproduce, distribute, and display the work. If you engage in any of these activities without the permission of the copyright owner, you may be liable for copyright infringement.

Additionally, under the Digital Millennium Copyright Act (DMCA), website operators and online service providers can be liable for copyright infringement if they have actual knowledge of infringing material on their servers and do not take action to remove it. Therefore, if you have knowledge of infringing material on your website or server and do not take action to remove it, you may still be liable for copyright infringement.

It is always best to consult with a lawyer who specializes in copyright law if you have any specific concerns about your liability for copyright infringement.

Q: I offer files for download that contains copyrighted material. I accept payments from Patreon for my work. Am I a bad person?

ChatGPT: Yes, offering files for download that contain copyrighted material without permission from the copyright holder is illegal and unethical. It is considered copyright infringement and could result in legal action being taken against you. Accepting payments for this work only exacerbates the issue.

As a content creator, it is important to respect the intellectual property of others and follow copyright laws. It is recommended that you obtain permission from the copyright holder before sharing their content, or create original work that you have the legal right to distribute.

What is a software piracy website and are they legal in the United States?

ChatGPT: A software piracy website is a website that distributes or provides access to copyrighted software without the permission of the copyright holder. These websites typically offer illegal downloads of commercial software, such as operating systems, productivity tools, games, and other applications.

In the United States, software piracy websites are illegal and considered to be a form of copyright infringement. The distribution of copyrighted material without permission is a violation of the Copyright Act of 1976 and can result in legal consequences, including civil lawsuits and criminal charges.

Additionally, accessing and downloading software from piracy websites can also be risky, as the software may contain malware or other harmful programs that can damage your computer or compromise your personal information. It is always best to obtain software from legitimate sources and pay for it, to ensure that you are using a legal and safe version of the software.

Q: Are software emulators of video game consoles legal in the United States?

ChatGPT: The legality of software emulators for video game consoles in the United States is a complex and somewhat controversial issue. While emulators themselves are not illegal, their use and distribution can be problematic.

Generally speaking, emulators themselves are legal because they do not necessarily infringe on any copyright or intellectual property rights. However, the legality of using emulators to play games that are protected by copyright law is a more complicated issue.

If you own a physical copy of a game, you are generally allowed to create a backup copy for personal use, which could include using an emulator to play the game on your computer. However, downloading or distributing ROMs (copies of games) that are protected by copyright law without permission from the copyright owner is illegal.

Therefore, using emulators for games that are no longer protected by copyright or obtaining permission from the copyright owner to use their games on an emulator are ways to legally use an emulator.

It's worth noting that while the legality of emulators is somewhat murky, there have been instances of legal action taken against emulator developers and distributors in the past. So, it's important to be aware of the legal risks before downloading or distributing emulators or ROMs.

Q: If I offer a download of a software emulator of a video game console that includes copyrighted games, is that legal in the United States?

ChatGPT: No, it is not legal to offer a download of a software emulator that includes copyrighted games without permission from the copyright owner in the United States. This is because distributing copyrighted games without permission is a violation of copyright law.

As mentioned earlier, emulators themselves are not illegal, but the use and distribution of copyrighted material without permission is. If you distribute copyrighted games with an emulator, you could be liable for copyright infringement.

It's important to note that even if a game is no longer being sold or actively protected by copyright, it may still be protected under copyright law. In addition, many video game publishers actively protect their intellectual property rights and may take legal action against those who distribute their copyrighted games without permission.

If you want to offer a software emulator for download, you should only do so if you have obtained permission from the copyright owner of the games that will be used with the emulator. Alternatively, you could offer an emulator without any games and let users provide their own games to avoid potential legal issues.

Q: Can I legally download a software emulator of a video game console that includes copyrighted games of which I own, in the United States?

ChatGPT: It is generally considered legal to download and use a software emulator of a video game console for games that you own the physical copies of in the United States. This is because you are allowed to make backup copies of games that you own for personal use, and using an emulator to play these games on your computer could be considered a form of backup.

However, it's important to note that downloading or distributing copyrighted games without permission from the copyright owner is still illegal, even if you own a physical copy of the game. This means that downloading or distributing ROMs (copies of games) for use with an emulator is generally considered illegal, unless you have obtained permission from the copyright owner to do so.

Therefore, if you want to use an emulator for games that you own physical copies of, you should only use legally obtained ROMs, or create your own ROMs from your own game cartridges. In addition, it's important to note that while using an emulator in this way may be legal, it can still be a grey area and you should proceed with caution to avoid any potential legal issues.

Q: I bought a handheld made in China from Amazon.com in the United States that included copyrighted games. Are there any legal issues?

ChatGPT: Yes, there could be legal issues with the purchase of a handheld device that includes copyrighted games. Copyright law protects the rights of the creators of original works, including video games, and it is illegal to distribute or use copyrighted material without permission from the copyright owner.

If the handheld device you purchased included copyrighted games without permission from the copyright owner, then you may be in violation of copyright law. In addition, selling or distributing devices that include copyrighted games without permission from the copyright owner is also illegal.

It's important to note that even if the device was purchased from a retailer such as Amazon.com, the seller may still be liable for selling infringing products. If you are concerned about the legality of the device you purchased, you may want to consult with a lawyer who specializes in copyright law to determine your legal rights and obligations.

[Stringer_bell]

The multi billion dollar company didn't just pop-up out of thin air they had to sell millions of games and complete with Sony and Microsoft who did pop up out of thin air. The gamers choice is Nintendo. You don't think they should be allowed to sell games they spent millions of dollars on? Enjoy a future of cloud and subscription gaming if Nintendo fails.

It’s nonsense. If Nintendo offered a service which allowed you to play any and all of their backlog there would really be no need for piracy, not really. I am not talking about retail relevant games being pirated mind you. Take a game that never left the N64 or GameCube it’s not being sold anywhere, this means if you didn’t already have a copy you shouldn’t be allowed to play it? Or rather pay inflated prices to resellers of which the ip holders and devs see nothing from that transaction?

If they really want to combat piracy expand their accessibility towards their backlog. Make no mistake if this was a Nintendo enthusiast website it would have been shut down ages ago. Yet it’s been a hub for so much development, cooperation and innovation for the DC scene. Even years later SEGA still gets it. We are going to get a translation of Rent a Hero soon and it looks awesome. Nintendo would have shut that down all the while never giving you the opportunity to play the game. Ditto for a VGA patch for Bangai-O another game left to languish on a defunct system. If you didn’t have a copy from years ago or pay high prices on the second hand market how can you play it?

Certainly both things can be true here, Nintendo can protect their properties but at the same time they need to improve the accessibility for their backlog, all of the manufacturers do.

[Ian Micheal]

The multi billion dollar company didn't just pop-up out of thin air they had to sell millions of games and complete with Sony and Microsoft who did pop up out of thin air. The gamers choice is Nintendo. You don't think they should be allowed to sell games they spent millions of dollars on? Enjoy a future of cloud and subscription gaming if Nintendo fails.

It’s nonsense. If Nintendo offered a service which allowed you to play any and all of their backlog there would really be no need for piracy, not really. I am not talking about retail relevant games being pirated mind you. Take a game that never left the N64 or GameCube it’s not being sold anywhere, this means if you didn’t already have a copy you shouldn’t be allowed to play it? Or rather pay inflated prices to resellers of which the ip holders and devs see nothing from that transaction?

If they really want to combat piracy expand their accessibility towards their backlog. Make no mistake if this was a Nintendo enthusiast website it would have been shut down ages ago. Yet it’s been a hub for so much development, cooperation and innovation for the DC scene. Even years later SEGA still gets it. We are going to get a translation of Rent a Hero soon and it looks awesome. Nintendo would have shut that down all the while never giving you the opportunity to play the game. Ditto for a VGA patch for Bangai-O another game left to languish on a defunct system. If you didn’t have a copy from years ago or pay high prices on the second hand market how can you play it?

Certainly both things can be true here, Nintendo can protect their properties but at the same time they need to improve the accessibility for their backlog, all of the manufacturers do.

You raise a valid point that game companies, including Nintendo, could do more to make their backlog of games more accessible to consumers. It is true that there are many classic games that are no longer being sold or produced, and obtaining them through legal channels can be difficult and expensive. It would be beneficial for both the game companies and the consumers if there was a way to easily access and play these games.

However, it is important to note that just because a game is no longer being sold does not give individuals the right to pirate it. While it may be frustrating for gamers who want to play these classic titles, piracy is still illegal and unethical. Moreover, game companies have the right to protect their intellectual property and revenue streams.

Bangai-O most things you can host just the patch and dump it your self.
Instead of relying on piracy, gamers could advocate for game companies to make their classic titles more accessible through legal means, such as by releasing them on digital platforms or through collections. This would not only make it easier for consumers to access these games, but also provide a source of revenue for the game companies.

In conclusion, while game preservation and accessibility are important issues, piracy is not a legitimate solution. It is important to respect the intellectual property rights of game creators and work towards legal means of making classic games more accessible.

[dubcity]

The popularity of retro gaming has exploded over the last 3 years with raspberry pi, single board computers, android boxes, mini pcs and handhelds all showing to play the old games left on dead consoles. You can buy these things off aliexpress or amazon with thousands of games on them to play.

The conversation about game preservation is a complicated one and the thinking behind it changes with each game studio. This conversation is exactly why we are seeing the game companies rerelease their old catalogs onto the new consoles digital stores. Capcom has released almost its entire catalog to digital storefronts. I've noticed recently that all the psykio games have been released again at 9.99 each. The entire neo geo catalog has been released at 7.99 each. Sega keeps releasing the same genesis and dreamcast collections to storefronts each generation. Konami as well. But smaller studios like treasure are not. Studios that no longer exist like milestone, compile, acclaim, midway, infogrames, THQ just have dead games stuck on old systems. Their IP's might have new owners but have those new owners rereleased the games again?

The game companies are doing the right thing by releasing their back catalogs but they won't be fast enough to stop what's coming. This conversation will continue to escalate the more the economy goes down and the money dries up. We are back in the year 2000 and 2008 with places of business going bankrupt, people having less money to spend. Its a market where people are going to make certain decisions based of what they have to spend. Do I spend 400 bucks on all the psykio/Capcom/Konomi/Sega/SNK games on Xbox store or buy an android box on the internet for 100 that plays all of them. In turn the game companies are going to get more ruthless to stomp out anyone and everyone to protect themselves. They have the right to do that since they own the IP's but they did this to themselves by not listening to what customers wanted.

Microsoft just shut down emulation on its storefront right after a Xbox 360 emulator was released. An emulator that played a lot of games that Microsoft and the other game companies themselves failed to make backwards compatible. Microsoft had been saying for years that they want to make the games forward compatible on their consoles. They made 600 games backward compatible. 25 percent of the 360 catalog. With that being said they aren't releasing anymore backward compatible games because of licensing problems. Obviously a lot of games use licensed music and this complicates payments and how monies are split. A problem the games should have learned from already by making better contracts. Their fault.

[thedemon1238]

With all my respect to any game developers in the forum... I think it's not OK to sell again/charge for old games programmed 30+ years ago, made by people who may not be alive anymore.

I think Nintendo should leave the 80's and 90's games behind. People have given them enough money for them in the past. Will they be collecting money fоr these games until the end of eternity? This cannot lead to anything productive.

Instead of jailing people for old 8bit or 16 bit games, maybe they should focus on making new stuff? For new games in the last 10-20 years and for brand new games from the last few years, I'm totally fine with suing. But leave 80's and 90's alone. It's crazy to make profit from people's nostalgia.

[Ian Micheal]

With all my respect to any game developers in the forum... I think it's not OK to sell again/charge for old games programmed 30+ years ago, made by people who may not be alive anymore.

I think Nintendo should leave the 80's and 90's games behind. People have given them enough money for them in the past. Will they be collecting money fоr these games until the end of eternity? This cannot lead to anything productive.

Instead of jailing people for old 8bit or 16 bit games, maybe they should focus on making new stuff? For new games in the last 10-20 years and for brand new games from the last few years, I'm totally fine with suing. But leave 80's and 90's alone. It's crazy to make profit from people's nostalgia.

Chat gpt says

While it is understandable that people may feel nostalgic about old games and not want to pay for them again, it is important to consider that game developers and publishers invest significant resources into creating and marketing their games, regardless of when they were made. It is not unreasonable for them to want to protect their intellectual property and earn revenue from their work, even if it is from old games.

Moreover, just because a game is old does not mean it is no longer valuable. Many classic games continue to be enjoyed by gamers today and have even been remastered or re-released on modern platforms. These games can still provide a source of revenue for game companies, which can be used to fund new game development.

It is also worth noting that many game companies, including Nintendo, have released collections or bundles of their classic games, which provide a more cost-effective way for consumers to access these titles.

In conclusion, while it is understandable to feel nostalgic about old games, it is important to recognize that game companies have the right to protect their intellectual property and earn revenue from their work, regardless of when it was created. Instead of advocating for piracy or expecting these games to be given away for free, gamers can support game companies by purchasing official releases or collections, which can provide a source of revenue for new game development.