I would imagine that the translation violates decompiling/modification terms of the software licence, so for the person doing it, they wouldn't be committing a criminal act, but would be committing a civil offence. I highly doubt its worth a company pursuing over this (how exactly does this damage them financially? I can't see anyway it does, doubt they could awarded anything on this offence making a lawsuit pointless beyond making a point in court that they don't want it done). Distributing the translation after however... as has already been raised, that's a whole different matter and would be a criminal offence and potentially could be pursued.
Rimmer: "Look, I think we've all got something to bring to this conversation, but I think that from now on the thing you should bring is silence."
Homer: "Oh people can come up with statistics to prove anything Kent. Forfty percent of all people know that."
I would imagine that the translation violates decompiling/modification terms of the software licence
Is that how that works? I didn't think there was a software license that you agreed to by purchasing a cartridge. Just a product you own. Maybe there's laws against decompiling code in general? But that's a bit vague. Some hacks didn't even require ROM decompilation. Making laws against merely modifying something that belongs to you would make for even more ambiguous laws.
As for an official Nintendo resource: http://www.nintendo.com/corp/legal.jsp#roms
Is the official Nintendo site for info about ROM legality. It's technically the truth, but take it with a grain of salt. They have the best lawyers this side of Disney and they choose their words craftily to make it seem like certain things are illegal when they are not. One of the most egregious examples:
Are Game Copying Devices Illegal?
Yes. Game copiers enable users to illegally copy video game software onto floppy disks, writeable compact disks or the hard drive of a personal computer. They enable the user to make, play and distribute illegal copies of video game software which violates Nintendo's copyrights and trademarks. These devices also allow for the uploading and downloading of ROMs to and from the Internet. Based upon the functions of these devices, they are illegal.
The translation from legalese reads identically to: "cars are illegal because they enable you to assault and kill people - which is illegal".
I would imagine that the translation violates decompiling/modification terms of the software licence
Is that how that works? I didn't think there was a software license that you agreed to by purchasing a cartridge. Just a product you own.
I'm no legal expert, but I think it has to work that way, if it were simply a product then they would not be able to stop people producing a rom and distributing it, so there has to be some form of licence even if implicit (this may be over simplified but the truth must be along these lines).
Rimmer: "Look, I think we've all got something to bring to this conversation, but I think that from now on the thing you should bring is silence."
Homer: "Oh people can come up with statistics to prove anything Kent. Forfty percent of all people know that."
I'm no legal expert, but I think it has to work that way, if it were simply a product then they would not be able to stop people producing a rom and distributing it, so there has to be some form of licence even if implicit (this may be over simplified but the truth must be along these lines).
I can't quote them offhand, but I know there are laws against sale or distribution of copied copyrighted material. This is why downloading a ROM is illegal, just the same as giving your buddy an awesome 80's mix CD you burned is illegal.
However, buying a physical product is not like digital licenses nowadays. There was no license or contract you agreed to when you went to the market and bought Super Mario Bros back in the '80s. The game was your property, and you could do whatever you pleased with it. Rip off the label, leave it in the sun, loan it to a "friend" who never gave it back, open up the cart and play around with the innards, whatever. It's yours. There'd have to be some sort of actual law against modification in general. That sounds very vague.
@nacho_chicken But what does all that have to do with the fans who translated a game that was never intended to be in the west? I just don't understand the laws in that here. Its legal to play fan made mods but its illegal to play a fan translated game? What morality is taught over here? There's really no reason why playing a fan translated game like Mother 3 is just as bad as playing an actual ROM like Earthbound which is indeed in the West.
@nacho_chicken But what does all that have to do with the fans who translated a game that was never intended to be in the west? I just don't understand the laws in that here. Its legal to play fan made mods but its illegal to play a fan translated game? What morality is taught over here? There's really no reason why playing a fan translated game like Mother 3 is just as bad as playing an actual ROM like Earthbound which is indeed in the West.
The reason downloading and playing a fan translated game like Mother 3 is as illegal as downloading and playing an Earthbound ROM is because of the laws that these big companies push. People that have more money that you can possibly imagine, pushing laws to protect (a keyword here:) potential sales so that they can have even more money. That is partially why laws protecting software copyright exist as they do today.
I'm sure Nintendo as a company doesn't care if you go and release/use a technically illegal fan translation for Mother 3, or Famicom Wars, or Fire Emblem: Genealogy of the Holy War. In fact, they'd probably be happy. They've put millions upon millions of dollars into market research and found those games (among others) to be not worth the cost of localization and an overseas release. Fan translations appease those who hungered deeply for unreleased games, and keep them buying Nintendo as opposed to boycotting them.
I wonder just how different it would've been if the Mother 3 translation had been issued a Cease & Desist. I certainly wouldn't still be a Nintendo fan. I wouldn't be here. That doesn't mean it's legal to play the Mother 3 Fan Translation that several anonymous corporate officials approved of.
Most copyright laws are illogical unless you look at them from the standpoint of corporate bigwigs fishing for more money.
However, buying a physical product is not like digital licenses nowadays. There was no license or contract you agreed to when you went to the market and bought Super Mario Bros back in the '80s. The game was your property, and you could do whatever you pleased with it. Rip off the label, leave it in the sun, loan it to a "friend" who never gave it back, open up the cart and play around with the innards, whatever. It's yours. There'd have to be some sort of actual law against modification in general. That sounds very vague.
I could be talking crap here (no instructions to hand to check this), but I'm pretty sure the instructions always used to include licence terms (acknowledging terms of use such as no decompiling, not allowed to setup a business charging to play etc.) with the blurb that use of the software is an agreement to the terms of the license. This is the only reason I think there's an implicit agreement. In any event this is a contract between 2 parties so falls under civil law so no government legislation (laws) will be present.
Sure there's always been anti-modification laws.
Though at least in those days there was loopholes.
Like when Tengen cracked the NES lockout chip. They got found to be in illegal possession of Nintendo documents filed to the patent office. Though I've read Tengen members claim they had cracked it before that (though as they say, possession is 9/10 of the law). It was known as a "white room", I think. Have one team crack the chip and make a design doc for the new chip, and then only allow another team designing the new chip to see just that design doc, and nothing on the original chip. From what I understand, that's how PCs can exist today with IBM out of the home market. (because someone in the '80s figured out how to clone IBM's copyrighted BIOS and not get sued)
i just did 5 years in the slammer for playing a mother 3 english cart.
i was playing it on my tv via gamecube/gameboy player when the cops busted in my gameroom.
they were totally cool with it because they let me borrow a handheld gba to complete my game while i served my 5 years.
those 5 years felt like 5 days. i would do it all over again
the_shpydar wrote:
As @ogo79 said, the SNS-RZ-USA is a prime giveaway that it's not a legit retail cart.
And yes, he is (usually) always right, and he is (almost) the sexiest gamer out there (not counting me) ;)
Just started playing Holy war again......hopefully, Nintendo doesn't lose revenue from this fan translated game.
Nintendo's not losing money from a game they never released outside Japan and don't seem to have any intention to soon.
But if they do release a remake sometime and localize it, then go buy it and all will be right.
(Nintendo did remake Fire Emblem 3 for the DS but they never localized it, probably because the FE1 remake doesn't seem like it sold that well.)
i just did 5 years in the slammer for playing a mother 3 english cart.
i was playing it on my tv via gamecube/gameboy player when the cops busted in my gameroom.
they were totally cool with it because they let me borrow a handheld gba to complete my game while i served my 5 years.
those 5 years felt like 5 days. i would do it all over again
Yeah, sorry about that. I did my best at your trial, but once Nintendo's lawyers brought in Reggie as a witness, i was so overwhelmed by his manliness that i knew we had no choice but take the plea deal.
@KingMike I'm just worried that when I get the chance to work for Nintendo and if they found out that I used to play games on emulators simply because there aren't any Nintendo products in my place or that it never got localized here in the west, they might think bad about me and that would depress me a LOT!
@KingMike I'm just worried that when I get the chance to work for Nintendo and if they found out that I used to play games on emulators simply because there aren't any Nintendo products in my place or that it never got localized here in the west, they might think bad about me and that would depress me a LOT!
Don't worry about that. Just hope that NASA doesn't hear about you stealing satellite TV signals though, as that will definitely prevent you from taking part in a future visit to the moon (and that is if Nintendo would even give you the time off!)
Can you buy the "access" to a ROM ? i mean, i have a game, and i sell the rights to use the ROM BUT i do not sell the game itself (just the dump of it)
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Topic: Are fan translated games legal?
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