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Every time I hear Nintendo issues another C&D, I have a new emulator to download before they get forcibly taken down.
It's 100% the streisand effect.
"Oh you're whining about another small group of people passionate about your past games? Well let me pile onto your woes. Asshole."
I do not understand how one company can have so much dedication from fans while simultaneously despising them.
If YOU aren't going to offer a 100% obviously and clearly above board, legal, safe, option for games anymore, someone else WILL and you get absolutely nothing from it.
And I also don't understand why a company with no intention of ever selling something again still has the ability to sue people while claiming lost revenue. Get fucked, and stop bitching. It just makes me never want to buy Nintendo products ever again.
But that won't stop me from playing Nintendo products.
There really needs to be "Use it or lose it" system when it comes to intellectual property.
Not selling Manhunt 2 anywhere? Can't bitch when I find a cracked copy...
I'm just kidding, Rockstar doesn't because they realize they're not losing money on a product they literally don't sell or even acknowledge that often.
Piracy is not a crime, it is the preservation of art.
I tried to run suyu yesterday and found out that Nintendo actually succeeded in practically killing the development of yuzu and its' forks.
Suyu and sudachi are dead and torzu is hosted/developed by a single developer who admits they wont be able to properly keep on development.
It's reasonable, because apparently yuzu used Nintendo code from a devkit, which makes the whole codebase radioactive. But yeah: Nintendo actually succeeded in the end. :/
Ryujinx still exists so, besides android, switch emulation is still going.
I know. But they targeted yuzu and successfully killed it. (because some of the devs supposedly did extremely stupid things)
There is a actually a method to Nintendo's madness. As part of IP ownership, "Reasonable Measures" must be taken to defend your IP or you risk losing the right to defend them. That said they can gobble my ryujinx
I am definitely not a lawyer.
This only applies to trademarks and the risk of genericization. You don't lose copyrights that way.
From my understanding of Japanese law (lol super duper limited), it actually is the case specifically in Japan that they could lose their older IPs, however if they are still in use (banjo kazooie just got a new game in the last few years, right?) then THOSE IPs are safe in terms of maintaining ownership.
In my opinion that's just bullshit, but I do understand the reasoning.
However, if an IP has been abandoned, and no new games are planned, it should be completely fair game.
The “actively using” part is my conspiracy theory on why Disney has recently made so many live action remakes. They need to be able to show that they’re still using their copyrights and trademarks, so they’re just rehashing all of their old movies as live action. It doesn’t matter whether or not it’s good, because the company is just trying to maintain their IP holdings.
Similar to why they added Steamboat Mickey to their intro. They wanted to show that they were still using it, so they just slapped it in as part of their intro. The only reason that fell through was because they failed to bribe enough lawmakers soon enough, and missed the deadline to vote to extend copyrights.
I always just assumed the Live Action movies were a money laundering scheme.
Outside of Aladdin which people only saw because "Will Smith genie memes!", did any of them even make money at the box office?
The last time Banjo Kazooie had a new game, I was still a man.
That ship has long since fucking sailed, I'm post-op and everything.
Which is why I'm surprised most video game characters are generic humans these days.
Seems like it's easier to protect a trademark on Banjo and Kazooie than it is for John McWhiteguy from Call of Duty.
Can you help me with this? My reading says different:
What is Intellectual Property?
There are four types of intellectual property:
- A trademark is a name, logo, symbol, slogan, or tagline – or in some limited cases, even a shape, color, or sound – that is used to identify and distinguish goods or services of one person or company from those of another.
- A patent is a right granted by the federal government to the patent owner that permits the owner to exclude others from making, using, or selling an invention for a limited time period (for example, up to 20 years).
- A copyright grants the owner the exclusive right to publish, reproduce, print, perform, display, license, film or record their literary, artistic, or musical content, and prepare derivative works based on the copyrighted work.
- A trade secret is highly confidential proprietary information, such as a device, method, technique, process, formula, or program, that has undergone reasonable efforts to maintain its secrecy because it provides significant economic value in not being known or readily discoverable by others
Wouldn't the bolded 'trade secret' section cover their switch's defense against its emulators?
Then, the requirement to defend:
For Good Reason: “Reasonable Measures” in Recent Trade Secret Law
One often-overlooked requirement has the potential to make or break a trade secret misappropriation claim: the trade secret owner must have taken “reasonable measures” to protect the trade secret; otherwise the information does not qualify as trade secret under the Federal Defend Trade Secrets Act (“DTSA”) or the Uniform Trade Secrets Act (“UTSA”). But the statute does not provide what protective measures are sufficiently reasonable, so that determination largely depends on each case’s facts and circumstances. This article examines recent case law surrounding what measures courts have found to be “reasonable” under the circumstances (and which ones courts have found were not “reasonable” under the circumstances).
It's certainly possible, but AFAIK their objections have been about piracy and copyright infringement. At least I haven't read or heard anything about trade secrets being at issue.