Nintendo's lawyers have already attacked videos of Mario 64 and websites for downloads. 24 hours, it is illegal to download and play a Nintendo ROM from the Internet." Therefore, whether you have an authentic game or not, or whether you have possession of a Nintendo ROM for a limited amount of time, i.e. The backup/archival copy exception is a very narrow limitation relating to a copy being made by the rightful owner of an authentic game to ensure he or she has one in the event of damage or destruction of the authentic. It is not a "second copy" rule and is often mistakenly cited for the proposition that if you have one lawful copy of a copyrighted work, you are entitled to have a second copy of the copyrighted work even if that second copy is an infringing copy. There is a good deal of misinformation on the Internet regarding the backup/archival copy exception. "Can I Download a Nintendo ROM from the Internet if I Already Own the Authentic Game? You might want to have a read of this.like I said not me, this is nintendo. I am a gamer and I do like emulation, I've used literally every single console/ computer out there and my computing history goes back to the early 80s so I know a thing or two about it. Yea it's not what I think! Nothing to do with me at all.Nintendo are quite unique in what they state in their copyright terms.Īs I've said before. It's at the very least a gray area, but you really can't say much more than that. We could even get into conversations about IBM v Compaq too, and again there were and are ways to recreate somethings without it being illegal. Regardless of the fact that the source code may differ the final product does come out to be the same - but again - that is only the case with the proper assets and audio and in all reality someone could literally create replacements for all of those things and you could end up with a final product that has no clearly copyrighted material in it at all.Īll I am saying is it doesn't really matter how much you think this is or isn't legal - the way the team has gone about this has not been blatantly or obviously illegal nor the way they have released it. Compilers create all sorts of optimizations and I would assume some of that may actually be dumped back out into the decompile as it will not possibly be a perfect replica. The only literal thing they are redistributing are the binary numbers and similar logic - but even that may differ some since this is a decompile - not the original source and who really know how it comes back out after the original code was written. They are not even sharing the original variable names of the various functions (beyond coincidence). Where this gets murky is that they are not redistributing the finalized rom, nor any of its assets. Regardless if you have the ability to replicate something for your personal use then that's been fairly well upheld in courts, VCR, VHS, DVRs - it's not illegal to make a copy, but distribution or mass distribution certainly. Of course Nintendo would contend otherwise and at times it is necessary for companies to take things to court just to ensure their copyrights remain valid - regardless of what the judgement or out come may be. It may be a gray area, but you really can't say it is illegal. it would appear they are in the clear and how you obtain image, and audio assets is none of their business. They also DO NOT distribute any of the asset files that are not actual code, so as far as the legalities of it. If someone forks a project or steals code without properly staying within bounds of the license then I imagine it would be pretty easy to get that taken care of - at least on github.Īlso from what I have heard, the original source code of mario 64 was leaked, BUT like what was saying this is a full decompile of the source code and took probably several contributors a VERY long time to go through and cleanup and make it recompile. There wouldn't be much tolerance for any of that behavior on github. people don't throw up compiled code - and among devs it is very frowned upon to either steal code, invalidate licenses or add ads. Yea it is sorta unheard of, getting or decompiling the entire source of a commercial game besides something like Doom, but yea it would be wise to actually follow the links and check things out before attacking someone.
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