Digital storefronts are certified platforms allowing users to buy safe and legitimate content. Due to sheer amount of programs, apps and games approved for these platforms on a daily basis, sometimes there can be oversights.
According to a tweet on the Chinese Nintendo Twitter account, there's been a big one in China. The local Microsoft Store front, where developers can share paid and free programs digitally, has allowed a third-party Chinese developer to sell a Super Mario Bros. ROM for ¥13 (roughly $1.85 / £1.46).
The developer, known as FengWangStudio, has essentially enabled the ROM to be played on the Xbox One and PC. According to Nintendo Soup, it’s rated 2.5 out of 5 stars based on more than 200 reviews. This means the developer has possibly made around $200. The alarming part about this story is the fact the game has reportedly been up on the Microsoft Store since January. So basically, it's been available for an entire year now.
[source nintendosoup.com]
Comments 59
i sense a lawsuit inbound on this idiot.
copyright laws sure are weird
How did this go undetected for an entire year on a Microsoft store? Just baffling.
This is all kinds of ROM...I mean, wrong.
@NintndoNik one word "china"
Break his legs! Roms! Dogs barking!
I can see why Super Mario Bros would get a 2.5/5. The graphics are crap, the game runs at 30 frames per second, and there's no downloadable content nor microtransactions to keep me invested in the game. Overall, not as good as Vroom into the Night Sky.
WHAT?! You're telling me that someone in China doesn't respect copyright laws? NEVER!
I pity the average Chinese person, I really do. Because there are literally around a billion of them, and my bet is that 97% of them are just ordinary people like anyone else just living out their lives. But because of people like this guy, and the countless other examples of similar crimes, Chinese people have had their reputations stained heavily for things they'd probably never actually do.
Nintendo and Microsoft working together. Banjo Kazooie Switch confirmed.
Nintendo: That'll be 15 million dollars thank you.
@Equinox
Imitation may be the highest form of flattery, but straight out theft is not.
You can't catch them all. Not unless you buy both versions.
Smithers, release the hounds.
Microsoft should apologise by releasing Banjo Kazooie on Switch ASAP.
@Equinox
Inpired from something is different with Copycat.
As half Chinese Indonesian people, i feel ashamed to my community sometimes to see other Chinese peoples did something shameful. 🙄
Like, China is well known as counterfeit, plagiarism, copycat, fakeness, shamefulness, etc.
I mean, Ugh... ! 🙄
I think you mean 130 ¥en since 13 is like 15 cents
‘Big Trouble’ - lol, nice 😄
Damn that is amazing, they have some balls selling a 30 year old game for basically 2 bucks? Who the hell would ever even consider doing that?
Not surprising. Intellectual property theft is rife in China, and the ruling communist party doesn't respect copyright, patents or other mechanisms protecting creative work.
How did things get so bad that you can buy Super Mario Brothers on PC & Xbox One, but not on Nintendo Switch?
@SethNintendo
That flickering on the right side in Mario 3 was absolutely in the original NES game. Every copy I’ve ever played had that glitch line.
You might be remembering the super Mario all stars version on the snes.
If it's got 200 reviews then it's been downloaded far, far more times than that--it's about 5% of users (maybe even less) that actually review games on the Google Play store for example (at least based on a quick search)--so it's made more than $200 for sure.
@SethNintendo
I was kidding my good man, all of these game companies are reselling their old games so why shouldn't Nintendo. No one is forcing anyone to buy them if they don't want to.
@patbacknitro18 lol, 30 FPS has nothing to do with it.
The rest yes.
@Kwehst
Its not really a glitch. It was overscanned or in the area that our old tvs didn't show. Now our modern tvs do show it. Doesn't affect the game either way.
@hatch
All of the eshops are more fill out paperwork and pay fees rather than an approval process. Even the switch eshop is now full of shovelware.
@SethNintendo Nintendo can go after roms, but it was decided a long time ago that emulators themselves are no illegal, even if they are sold. As long as no ROMs are included, Nintendo can't do anything to them.
@Equinox ‘Copying is a sign of respect’
Oh, so THAT explains the specification similarities to US fighter jets. It’s not because spies stole military plans, it’s because they respect the US and NATO so much that they want to have planes exactly like them, but not pay for them. I’m so glad you opened our eyes.
You should teach a class or something about these things. /s
@Heavyarms55 Chinese people cant legally buy those games. Pirating is the only way for them to play it.
@patbacknitro18 60 fps
@SethNintendo as people already told you that was always there, but televisions would have that part of the image outside of the visible part of the screen. Same with games where you see stuff on the far right pop up on the far left, originally hidden by overscan.
I'm kinda surprised nobody to date has taken this into account. Emulator, mini console or otherwise.
@Heavyarms55 It also doesn't help that Chinese copyright law amounts to "Whatever anybody else says, the Chinese company wins", of course...
@Heavyarms55 What should they be ashamed about? A guy taking an old rom and making a little profit? Distributing art to people for little to no money that way they can experience it? Or perhaps, bringing millions out of poverty in record time?
@PrincessBowsette in China? I wouldn’t count on it. They specialize in IP theft. He might get a medal from their government.
The real scandal though is the fact that >200 people were stupid enough to pay for something that is available for free. 😆
@Velocirapstar Nintendo Online subscription.
@shani well internet in China isn’t like the rest of the world. They are watched and censored everywhere. This is probably the only legit way they could get it, even if it’s not actually legit.
That would the fault Microsoft Store support for not clearing the Windows Store for copyright materials. And if they send a cease and decease and pay for Copyright Infringement that will be their own fault. But we all know China Government is in on this as they control every aspect of their citizens daily life and for them to not notice this is a whole lot of goat BS.
@th3r3ds0x I said buy, not rent.
@Velocirapstar kinda feel for you if you don’t have a copy of SMB on something by now. If you’re just salty because you can’t buy it on Switch too well blame Nintendo but it’s certainly been out on various devices over and over again.
I would think both this developer AND Microsoft should get in trouble for this, does MS have no quality control / content inspection over what goes on their website? Sure if it wasn't Mario Bros and some unknown entity they could be excused, but it's MARIO BROS. One look should tell you it's copyright infringement and should not have been let onto the MS store
@Equinox It's not up to the rest of the world to try to tolerate and understand Chinese IP theft. It needs to be stopped, because it hurts everyone. End of story. Big dev or small, shut them down until they learn to develop something honestly.
copyrights doesn't work in china .Nintendo can't do anything.
@Dominicruz lol things will change soon
All I can say is, lol
@SethNintendo
Super Mario 3 on GBA is effectively a seperate game with completely new graphics on superior hardware, so there’s no flickering. Even if you were playing the original NES ROM in a GBA emulator, it’s likely that the decreased resolution of the GBA would’ve hid the flickering anyway.
The “flickering” problem is a result of hardware limitations and is present on a few other NES games utilising diagonal scrolling. It’s also present in every rerelease of the game, excluding the SNES and GBA versions, becoming more noticeable due to the distinct lack of TV overscan to hide the flickering. Yep, including the Wii U version.
If you really, really can’t stand the flickering, you’ll have to stick with the GBA or SNES remakes, dust off your CRT, or get a strip of black paper to hide the rightmost few pixels.
Hope this helps.
@Equinox Interesting. Well I learned something new today if that stuff about copying is respecting is true for China.
In a sense I believe something that people copy are fine with me, but NOT everything. (and I am just fine with mostly the "little" things that some may make a BIG deal about it if someone copies them).
@Equinox Check out the Chinese social credit system. That's way more 1984 than enforcing copyright laws. Personally, if a Chinese company started copying my work, I'd be incredibly upset about it. It's not a "copying is respect" thing. It's actually a major problem in pretty much any industry China can get its hands on. The country is notorious for IP theft, and their government is fully complicit, considering basically all Chinese business is government controlled.
@SethNintendo There's a great video on Youtube by Retro Game Mechanics Explained explaining the NES loading seam. You should check it out.
@NotTelevision How about stealing someone else's work for profit. Don't act like this was some Robin Hood story of stealing from the rich to give to the poor. There is no evidence of that sort of thing in China. What there is, is abundant evidence of Chinese businesses stealing foreign intellectual property and reproducing it without permission for profit.
@Heavyarms55 Yeah I understand why Nintendo would be pursuing this and why this would be a concern since he is selling it for cash. If it was just free than that would have painted the matter in a different light. I just feel it’s a game from the 80s that Nintendo has already exorbitantly profited from. This is not Smash Ultimate we are talking about.
I feel a bit gray on this issue. Yes I feel that creators should turn a profit from media or ideas they have created, but at what point should these just become part of the commons? At what point can intellectual property become the property of everyone who desires access? Businesses, copyright holders, production houses, etc...like to say never because they know it will continue to generate profit infinitely. They will even continue to reissue something for cash long after the creator and any relatives are deceased.
I’m not defending the guy who is selling these roms, but honestly I can’t see any harm in a guy playing Mario without giving Nintendo another cent for it at this point.
@NotTelevision Look at it this way, if you wrote a book, and it was reasonably popular and you made good money from it, and years later it was still well liked, would you be okay with someone else taking it and selling it without your permission?
Ownership doesn't end just because something has been owned and even exorbitantly profited off of already for a long time.
Companies need to crack down on these issues while they are small, because even small cases set precedent. If Nintendo ignored this, another guy might try it, and do a little better, and if Nintendo ignored that and it did a little better, people will keep doing it. Then if Nintendo waits until someone does really well, reselling their property and Nintendo sues them, the defense attorney will be able to counter strongly saying "well, you didn't care in all these other cases, so clearly you're just looking to cash in on our profits!"
@Heavyarms55 Good point. Cheers and Happy New Year to you and your family. 🥳
@NotTelevision Same to you sir! Happy New Year!
@NotTelevision typical trying to backtrack when caught red handed. Oh well, nothing new here.
@NotTelevision Video games are still a fairly young medium when compared to music or film. If you look at those media, there is stuff much older than Super Mario Bros which still falls under copyright. Songs by bands like the Beatles, classic films from the 40s and 50s. All of this is still owned by copyright holders. Things get a bit messy depending on the country and medium, but copyright usually applies until 50-70 years after the death of the author, or 90-120 years after the original publication. That's why so many classic pre-20th century novels are public domain, like Dracula and Frankenstein. Put into that context, a 33-year old game created by someone still alive and active in the game industry has no chance at becoming public domain for a very long time.
@Alto You laugh, but it's not as far-fetched as you might think. One needs only look at Minecraft for Switch, Banjo-Kazooie: Grunty's Revenge and Zoo Tycoon for GBA, etc. — all published by Microsoft on a Nintendo system.
Microsoft has embraced open source and multiple platforms especially recently, so I'd say Banjo-Kazooie on Switch would certainly be a possibility (albeit a small one).
@Anti-Matter get off your high horse, kid.
Nintendo: Ignore this and subscribe to NSO.
Show Comments
Leave A Comment
Hold on there, you need to login to post a comment...