
Nintendo has had a long history with piracy, perhaps more than many other companies in the same situation. Back in the days of the Nintendo 64 the company decided to use the cartridge system rather than the easily-copied disc formats that Sony opted for with its PlayStation console. Even today the Wii U's discs are proprietary rather than simply being Blu-Ray or another standard disc format, and of course the 3DS is one of the few systems still using cartridges. Piracy has evolved, of course, and with every new generation some individuals discover a way to make copies of software and even hardware in order to avoid paying for the games they desire; it seems Nintendo has had enough.
The iconic gaming company has hired a lobbying firm known as Choe Groves Consulting in order to try and appeal to the US government to tighten the regulations around intellectual property, in the hope of reducing the effect piracy has on the industry. It's likely that if this is successful it would also affect other media formats such as films and television, rather than just being limited to video games.
Despite Nintendo of America's official stance on piracy it has only spent $50,000 dollars — since 2009 — on the issue. This is likely due to the difficulty of pirating many of their current generation titles, but it seems this has not been enough to stem the tide. The DS was particularly vulnerable to piracy, as once the infamous R4 Cards became widespread many users considered it a more appealing method of playing than buying each game individually. The 3DS has so far fared better than its older counterpart, thanks largely to the improved online capabilities of the system, and Nintendo even managed to put significant pressure on a recent hack that allowed custom homebrew content to run on the 3DS. This move was likely made, as one might expect, to prevent anyone from abusing the exploit in order to pirate software.
Emulation of Nintendo's older systems has become so common that it's a regular part of gaming, even so far as to release many of these on the Apple App Store and Google Play Store. Sometimes these are disguised as other apps but often appear on Android devices without any question as to what they offer. It's possible that Nintendo will also attempt to crack down on this area as well, considering the availability of a selection of their older titles on the Wii U and 3DS Virtual Consoles.
Whether or not this lobbying attempt will be successful is a matter of debate, but we'll be sure to update you all with any information once we have it. Do you think this is money wisely spent by Nintendo? Let us know your opinions by leaving a comment below in the usual place.
Comments 41
Like the War on Drugs, piracy is a losing battle for Nintendo, but one they have to fight.
I hope it's successful but also that it forces Nintendo to improve the VC library. By this time in the Wii's lifetime (2 years after launch), it had a huge collection of games including plenty of N64 classics such as SM64, MK64, OoT, F-Zero X, Paper Mario and Pokémon Snap. Even loads of Mega Drive games were available which back in the 90s you'd never imagine something like that happening.
Wii U VC has improved in 2014 though it's rather frustrating that we're still only at NES, SNES and GBA with confirmation that even DS is going to happen before N64 or GCN.
Piracy of current generation games needs to stop although so far 3DS and Wii-U have been fairly resistant to hacking.
As far as fighting emulation and ROMs, I do much of my retro gaming on classic hardware so it won't affect me much.
One thing that concerns me however, is that efforts to stomp out such things as emulation and piracy on classic platforms might also hurt homebrew development or cloned hardware, which is in fact perfectly legal.
But if Nintendo can ban some of the tools used to help develop them (ie emulators), then that would be a sad day indeed.
YES! I hate piracy. Now let's see "NINTENDO" kick some pirate's butt.
It's a shame this is how the political system works. If you can afford to pay a lobbyist then you can influence politicians, and the more you pay, the bigger the influence..
@tysonfury Even though I have NO knowledge of politics, and since its a sensitive topic, I agree with you. It's a shame that's how our government works. But at least it's better than other countries.
I'm hopeful that wii u never gets hacked and pirated. The thing is that the games have gotten so big, it'd be more trouble than it's worth to get it that way.
@BLPs True.
@Grumblevolcano And yet you can play all those games on the Wii U. I understand it's not quite the same but all those games are on offer if you want to play them on your Wii U. It's like the guy that made Retro City keeps saying, why should I make a Wii U version when you can go to the Wiishop and dl what would be essentially the exact same thing for the Wii U. Of course he just wants his money but he does have a point.
The best way to combat piracy is to make only high quality products, make them widely available (with world wide launch dates being as close as possible), and sell them at reasonable prices.
Cure the disease, not the symptoms.
Mighty Deals (owned by Dragons Den's Peter Jones) has been selling a pirate console with Mario & Donkey Kong games included. I contacted NoE and informed them of this, no reply or any interest from them. Equally the anti-piracy organisations had no interest in this either. What we need is for an international anti-piracy organisation with the powers to shut down confiscate pirate company assets, plus Nintendo (and Sony etc) to take action and spend some money going after the pirates.
@Spoony_Tech I'd be fine with things how they are if Wii mode supported more controllers. You can't even use GC controllers like you could on Wii so if you don't have a working Wii classic controller then you can't play N64 games on Wii U.
It would be nice to see mario off of those FREE GAMES websites...
@Grumblevolcano And there's the one draw back. I have a bunch of games I can't play either. I thought the Pro controller would work with this but sadly they don't to my surprise. Can't figure out why they don't utilize that controller more.
Big business has no right to attempt to control the government and worst of all-- this is just alienation.
Focus your funds on making better products for your paying audience instead of focusing your funds on punishing your non-paying audience.
@Spoony_Tech Whatever reason they don't allow you to use a pro controller as a classic controller, it's not a hardware issue. There are homebrew apps on the Wii that allow the use of the pro controller in place of a Classic Controller/Gamecube controller, but only with those apps. I wonder if they would have to update the Wii firmware to natively support the Pro Controller?
@KeithTheGeek That's interesting. So the option is there and Nintendo is just not using it for whatever reason. I like my pro controller to be a bit more then it is and that's mostly a multiplayer one. I use it some times for single player but the gamepad is far to convenient to go and find my pro controller.
Nintendo could probably help itself more by improving its VC library rather than funding inept internet censorship schemes.
@Spoony_Tech More than likely it would take a lot of work to implement it in a way to work across all games that support it as a wiimote with a classic controller plugged in. Nintendo is trying to focus on making and supporting new content. I think Nintendo should hire some of the homebrew devs to come up with design concepts for the WiiU.
@RantingThespian This guy is right!
This can only lead to more censorship. Does anyone REALLY think IP laws in the US are too lax?? Other than MPAA and Nintendo I guess. Hate to see one of my favorite companies pulling a move like this. Maybe spend the money on bringing FS3D West. That's the only reason I have a Gateway, for a free app. That's how you could have prevented MY piracy!
Though I am not in support of piracy at all there was one part of this article that makes me worried about this. The part where it said it could expand to other forms of media. If this other forms of media includes youtube and other sites on the internet then I am really worried about this.
Isn't the Wii U VC missing several of the NES games that are on the 3DS VC? Mysterious Murasame Castle and Summer Carnival '92 RECCA come to mind as major examples.
@Smash_kirby If Giotek can do it then Nintendo has no excuses. Their cheap 3rd party controller has a switch allowing changing between the two modes.
@dadajo Won't affect Google they spend the most. (And have the massive amount of power associated with that).
@ajcismo the difference here, the War on Drugs was not something that needed to be fought.
Just look at all the United States beginning to legalize/decriminalize weed now. The War on Drugs propagandized weed as a gateway drug to crack and cocaine.
IP laws in America need to be lessened, not hardened. It's a circus already as it is.
I wish the dinosaurs at Nintendo would at least try to understand piracy. It's a relatively small community that don't really buy games anyway, so cracking down on them is a big waste of resources and doesn't turn anyone on to your products. Besides, it's completely ineffective. You can't stop piracy. Pirate Bay recently had its servers raided and commandeered by Swedish police, and a mirror site was back up and running within a day.
Maybe Nintendo should be looking into how and why the PSP and DS combined sold nearly 250 million units and a couple billion software and work on that instead of chasing ghosts.
@RantingThespian Absolutely. You "beat" piracy by providing a superior service at an attractive price point, not by throwing lawyers and lobbyists at the problem and hoping it goes away.
I consider Steam and Netflix the pinnacle of beating piracy at its own game.
@gatorboi352
True, but if we want to go into 80s lore, I'll need to bust out my Colecovision first.
If Nintendo wants to stop piracy then put the good classics on the Eshop. IE: Pokemon RBY,GSC,FRLG, RSE, LOZ OOT, and all the Legend of Zelda games. There might be less piracy if the 3DS and WIi U shop was tied so all the classics could be available on both. Or even NIntendo could just find a website that offers rom and offer all those games on their eshop. These are a few ideas I have.
"Emulation of Nintendo's older systems has become so common that it's a regular part of gaming"
So true. It actually seems to be good as some classics are available to everyone and they arent on the eshop.
But yes, its still piracy.
I wonder, whats there for Nintendo to lose if people download those games that will NEVER likely be re-released?
@Gridatttack
I think that's one of the the two things Nintendo needs to address while tackling this. Not releasing popular games makes people want to pirate them...so release more amazing games on VC! (Duh).
And secondly, they need to lift the region lock. Who cares if people are BUYING games from other regions...they're still paying fair and sqaure, so what's the big deal? Doing that would take the teeth out of the "b-but Homebrew!!!1" argument and get more fans behind the anti-piracty movement.
Nintendo's money would be better spent on licensing agreements to make more of the older titles available in the eShop and for a more reasonable price. Availability is an issue for a lot of people.
Sound investment, especially during a period of money troubles, spend a little bit to crackdown on the sheer volume of people who will happily steal their products digitally instead of just buying them.
Tell Nintendo to put the games I want on VC, especially GBA games on 3DS and N64/GC games on Wii U, then I will seriously consider their views on pirating games they haven't made money on in over a decade anyway.
@AshFoxX The 3DS can't properly emulate GBA games. Not with restore points and sleep mode anyway. Nintendo won't accept anything less.
@IceClimbers Yeah, I have my Ambassador games. The 3DS can't even suspend itself when the lid is closed. The CPU continues to run the GBA game at full speed with the screen disabled until the battery dies. Home button does not work despite pulling a menu in DS mode. Only way to exit is to turn the system off. No interrupts, save state, etc...
If they released commercial, non free VC games in this state, people would complain incessantly that the software is glitchy and lacks feature support. But it's not. The original GBA ran like that too. Turn it off when done. 3DS can be forced into GBA mode just like Wii-U can be forced into Cube mode as proven by homebrew channel.
It's been shown that the reason people pirate isn't because of cost, it's because of convenience: if you make a product easier to buy than it is to pirate, people will buy it instead of pirating it.
A huge reason things like r4 cards were so popular was the convenience it gave you when switching between / carrying around your games. If Nintendo tailors their software to make it easy to play whatever games you own whenever you like, and makes it equally as easy to get access to said games, then the incentive for piracy decreases significantly. To decrease it even more, include features that can only be available through software that was purchased and registered via their systems.
Want an example? Steam. I personally know people who pirated Skyrim, then later bought it on Steam simply because of the Steam experience and ease of access.
@TheOnlyWombat I don't think Skyrim is a good example because it's on virtually every console + PC/Mac, I think Nintendo is trying to tackle the iOS/Android situation where the only "solution" would be the horrible concept of releasing VC on mobile devices which to some would make the 3DS pointless.
There're so many games around now, that nobody really need to pirate anything.
While I'm generally not cool with lobbyism, and I do think the right way to combat imitation and piracy is by way of offering the more convenient product of higher quality, I also think piracy should remain a criminal offense.
Although Nintendo's stance on combating piracy is quite ambitious, it does not do it as harshly compared to proposed ideas from the American Movie Industry Giants as well as other big copyright players with secret trade deals (TPP) and proposed laws.
@IceClimbers funny that my DSTwo card can play GBA games on my 3DS and DSLite with save states and sleep mode. Maybe Nintendo should borrow some of these guys to do it right.
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