Comments 64

Re: The Xbox One Might Be Getting A NES Emulator

SunshineHunter

@Vincent294 No. In order to make a determination, they would have to have a finder of fact apply existing law and come to a legal conclusion. Suing would not make it lawful, but the ultimate conclusion of the conflict resolution would be a judge or jury saying this violated copyright law, or did not.

Re: The Xbox One Might Be Getting A NES Emulator

SunshineHunter

@Vincent294 No. I understand what you are saying. But for your assertion to be tested, Nintendo would have to sue. Once that occurred, there would be a finding of law. Only then could you conclusively say that this is within the law.

There are no copyright police. The holder of a copyright enforces their rights against alleged infringers and there are many reasons why a copyright holder might not.

Re: The Xbox One Might Be Getting A NES Emulator

SunshineHunter

Your legal analysis is incredibly poor. It appears to be common internet understanding. From Sony v. Universal, upon which the development of all of the peer to peer file transfer protocols are based, the software must be capable of substantial non-infringing use. (I am completely uninterested in pedestrian arguments about how this emulator could play unique games not coded nor published by Nintendo.)

Additionally, Nintendo need only argue that the use of the cartridges themselves was an attempt to thwart copying, and if accepted, to copy a cart would be circumventing an anti piracy measure, which is illegal under contemporary U.S. copyright law.

The approval of this type of software by Microsoft's intellectual property attorneys would constitute legal malpractice.

*Edit: The three paragraphs above don't even begin to touch upon the myriad trademark issues that would arise.

Re: Fan-Made HD Twilight Princess Update "On Hiatus" Following YouTube Takedowns By Nintendo

SunshineHunter

Well, I don't expect anyone who thinks that this fan based project is completely benign to have any intellectual property background whatsoever. I will say though, that a tenant in U.S. trademark law is that if you do not protect your intellectual property rights, you could very well lose them. This situation will never rise to that level, specifically because Nintendo is diligent in protecting their intellectual property rights.

And the trademark issue is only a very thin reed in a large bundle of sticks that represent the good and sound reasons to protect their property rights. Indeed if their attorneys did not suggest that they protect their rights at every turn, the attorneys themselves should be held liable.

I have no problem with complaints and accusations that Nintendo is being completely wrong headed in this matter. Just try to keep a little perspective.

Re: Review: Final Fantasy Explorers (3DS)

SunshineHunter

I purchased this game on launch, but am a bit dissatisfied with it.

As much as I hate to say this, I think it is boring.

Co-op online is frustrating because you can't communicate, there is no way of telling if someone is embarked or not before you enter, and the combat is basic.

I really thought I would love it, but now I am going to sell it.

Re: Poll: Nintendo's Free-to-Play Experiments - Are You Still Playing?

SunshineHunter

I have enjoyed Nintendo games since I first received a NES for Christmas all those years ago. I honestly have never been so disheartened about the future. These nickel and dime budget shovel ware titles that are developed to resemble gambling, and certainly victimize those who become addicted, used to be relegated to other places. Lesser places.

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