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/vr/ - Retro Games


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6580330 No.6580330 [Reply] [Original]

Can I get in legal trouble with Nintendo or Sega if I develop my own game for one of their older consoles and sell it for money?

>> No.6580334

>>6580330
Sega is cool with it.nintendo will kill you

>> No.6580338

>>6580330
I don't think so
Check out this kickstarter, as an example

https://www.kickstarter.com/projects/morphcat-games/micro-mages-a-new-game-for-the-nes/posts

>> No.6580340

>being this goddamn stupid
Micro Mages came out a year ago dumbfuck.

>> No.6580349

>>6580340
>came out a year ago
>still can buy micromages physical copy
Yeah, you right, that doesn't prove anything
I bet Nintendo doesn't give a fuck about people doing this stuff until they cross popular franchise or can compete with anything (wich they cannot)

>> No.6580351

If Tengen won the lawsuit with Nintendo, no one is coming after you.

>> No.6580645

>>6580330

yes, Sega sued the fuck out of the Xeno Crisis guys so badly that they actually killed themselves. it was horrific.

>> No.6580686

>>6580330
no

>> No.6580714

>>6580330
Absolutely. A comic company made a reprint of old 30's public domain Disney comic strips in the early 90's and got sued into oblivion.

>> No.6581198

>>6580330
No. You also won't get in trouble for driving Santas sleigh even though you don't have a drivers license.

>> No.6581318

>>6580330
Hell no. How can you even ask something like that? How does one stumble their way into making a /vr/ thread and not know about homebrew?

>> No.6581359

>>6580330
Nope. The only danger is if you make a 1:1 copy of the cartridge hardware which is protected under copyright law, but a design you own or license that functions on the NES is entirely legal.

>> No.6581362

>>6581359
>The only danger is if you make a 1:1 copy of the cartridge hardware
Don't a lot of homebrew games use standard Nintendo-developed mappers like CNROM or MMC3?

>> No.6581475

>>6580330
As long as you put "not licensed nor produced by Sega" then you're good on behalf of Sega and the development kits available for their systems. Nintendo on the other hand, if it's not NES, good luck even getting games going for the SNES and N64. They made sure that no one else but themselves(Nintendo) can exploit those consoles.

>> No.6581498

>>6580351
They lost though

>> No.6581896
File: 378 KB, 600x615, ching-chong-potato.png [View same] [iqdb] [saucenao] [google]
6581896

>>6581498

>> No.6581918

Release it for free.
Nobody should be charging for retro anymore even if it's a new creation. Once you get your feet wet developing, make retro inspired games on modern systems, then charge money for it. Just don't half ass it just because it's free.

>> No.6581926
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6581926

make a kickstarter, release beta versions for people paying, release the final product for free. it will be leaked and played in any flashcart or emulator anyways, so you may as well do it like this

>> No.6581932

>>6580330
The dude who made Tanglewood for the megadrive last year put it out on a compatible cartridge and got away with it - I think.

>> No.6582442

>>6581932

They made like soooo many homebrews for Genesis the last couple years, Sega doesn't give a fuck.
they also released a lot of those Neo Geo to Dreamcast ports on DC, again Sega didn't care.
and I'm not too into the Snes scene, But i'm pretty sure they also released some originals on there.
and a couple for NES, and a ton for C64, and MSX has been getting a lot of love too.

Nobody cares when you release homebrew on cart/cd for old systems like that, I remember this one guy talking about.. Pier Solar? and how they asked Sega for official permission and they said they didn't support old consoles anymore. but they wouldn't stop them either.

OP's question is a bit weird and I'm somewhat sure he's just trolling, trying to make conversation.
so yeah, just release your crappy puzzle game that nobody asked for on cart, I'm sure you can strike a deal with the chinks for mass production. (even though you'll only sell 50 carts at most)

>> No.6582558
File: 145 KB, 584x372, 2020-07-08 23_45_17-Eric Bailey on Twitter_ _I've inquired as to why SNES titles aren't available fo.png [View same] [iqdb] [saucenao] [google]
6582558

provided you aren't using any of their code or development tools without permission, you should be fine
it's not like you're competing with them in any way, carts for old systems don't work in current consoles, and they don't make any money from their old consoles or their games
it's also extremely unlikely they'll think that a new snes game for example, will push someone away from getting a new console

>> No.6582560

>>6582558
small mistake there, they don't make money from their old consoles, but they do make money from their old games
you're not selling /their/ games though, so that bit was unneccesary anyway

>> No.6582604

>>6580330
You can't use the words Sega or Nintendo on anything you do. They are both registered Trademarks. Using them would be a Trademark infringement.

>> No.6582610

>>6580714
They were likely not public domain if they were from the 30s and republished in the 90s, and also there's really nothing related to copyright at all in this situation. Maybe trademark infringement if he uses the names of the consoles in question. Sega used to use a method that was based on this where it would refuse to boot games that didn't contain the word "SEGA" at the start of the ROM, but at least in the US this was tried in court and declared an invalid method.

>> No.6582651
File: 1000 KB, 400x300, 90s.gif [View same] [iqdb] [saucenao] [google]
6582651

>>6580330
Only if you make money.

That's how the capitalism cookie crumbles.

>> No.6582652
File: 4 KB, 278x557, 1579253047590.png [View same] [iqdb] [saucenao] [google]
6582652

>>6582651
>intellectual property legislation is capitalism

>> No.6582686

>>6582652

what else would it be?

>> No.6582687

>>6582686
Corporatism? Socialism? Anything but capitalism, seriously.

>> No.6582708
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6582708

>>6582687
Corporatism and socialism both equal = (((capitalism))). The only thing not capitalism is a society that's communistic and also devoid of money ergo devoid of profits, and devoid of welfare state things. Otherwise you're being taken advantage of by a corruption in power.

>> No.6582712

>>6582652
Also, in communist nations they have a hard time keeping copyrights in check. Look it up retard.

It's capitalism.

>> No.6582714

>>6582687

Maybe you should read some books before opening your mouth

>> No.6582823

>>6581498
And why did they lose?
"Atari also gained access to an unauthorized copy of the 10NES source code by submitting false information to the U.S. Copyright Office."
"Nintendo conceivably committed copyright misuse by attempting to "maintain a monopoly" of NES-compatible cartridges through their use of the 10NES lock-out system.[4] However, because Atari deceived the Copyright Office to obtain an unauthorized copy of the 10NES source code, the courts denied Atari any defense based on copyright misuse because such a defense requires the defendant to have acted in good faith and have "clean hands," citing Keystone Driller Co. v. General Excavator Co. – 290 U.S. 240 (1933)"

Their "reverse-engineered" 10NES chips were made using the illegally gotten info. That was the issue. It's why Sega lost their case against Accolade, and was forced to change their licensing, since Accolade actually cleanly reverse engineered the lockout. Atari didn't lose because they made unlicensed carts, they lost because they stole the info on how to do it.

>> No.6583293

>>6582823
>Atari also gained access to an unauthorized copy of the 10NES source code by submitting false information to the U.S. Copyright Office.
KEK
balls of steel.

>> No.6583487
File: 141 KB, 700x568, Mega_drive_j-cart.jpg [View same] [iqdb] [saucenao] [google]
6583487

>>6582442
This. Sega cartridges were reverse engineered as soon as the console came out and EA used it as a leverage to try get a better cut. Sega was so impressed they would let them do it if they made an exclusive game for that holiday (Joe Montana Football). Tengen and Codemasters did the same and Sega cut the same deal. Tengen used the same shell as Sega did while EA and Codemasters used different shells. Sega just rolled with whatever bullshit was thrown at them by publishers while Nintendo just went legal constantly at anyone making anything unauthorized for the SNES
>>6582558
Tanglewood was made on a real MD/Mega-CD combo dev kit and devs mentioned Sega's cool with you using a real dev kit. Just the legal splash screen has to include the title is not licensed and could potentially cause damage to a real system. They were even told by Sega that as long as they covered themselves legally they were fine and Sega felt "Flattered" someone would make a game for the MD/Genesis and go to the trouble to get real kits and develop on an AtariST in this day and age as well.

>> No.6583568

>>6583487
Based Sega.

>> No.6583615

>>6582823
Man the 10NES system must be really impressive if, to this very day, it has been uncracked. Literally the only way to beat it was to either clone it or to volt spike it.

>> No.6583671

>>6581918
>it’s old so it should be free
I’m a commie and this is retarded

>> No.6586329

>>6582604
You just used both in your post. According to your rules you just infringed on their trademark. Report yourself to the cyberpolice.

>>6582651
This is how people who have never made any money think

>> No.6586338

>>6582651
>>That's how the capitalism cookie crumbles.
why should it crumble?

>> No.6586346

>>6586338
Based ESL

>> No.6586360

>>6586329
>>6586338
Too much power = corruption.

>>hahaha they have to buy MY game or I'll sue them!
>>they make it for free huh? I'll sue them anyway (actually happens)
>>what's that? Don't like feature creeping? Tough! You'll never own a game ever again! Mwhahahahah
>give up and live off grid
>homelessness illegal though due to laws that make paradoxical situation
>stay a slave to corporations lobbied laws that are meant to keep them in power and peasants without it

>> No.6586364

>>6582712
>Also, in communist nations they have a hard time keeping copyrights in check.
quite funny, cause I heard once, that China has established one of the strongest trademarks/copyright laws years ago

but yeah, it's still a bootleg paradise non the less
(and china couldn't be called communistic anymore either)

>>6586346
ok, whatever that means

>>6586360
ok, that's a little bit too farfetched

>> No.6586386

Basically only ever develop for Sega machines.

>> No.6586468
File: 66 KB, 640x660, 1478004874783.jpg [View same] [iqdb] [saucenao] [google]
6586468

>>6586364
>>ok, that's a little too farfetched
It's the slippery slope and we've been sliding down it for decades.

>nes lasts 15+ years
>xbox 360 dies immediately
>metal fillings in teeth last 15+
>more expensive 'ceramic' paste lasts only 5 tops forcing you to after replacement three times tops to get very VERY expensive caps/crows
>sleeping outside made illegal
>effectively bans homelessness

All this shit is real life.

>try to move from big city that enforces such things
>caught in quarantine for a week as you switch states
>rich people get most money
>give it to the cops to keep peasants in line
>75 percent of tax goes to the cops (literally in my area of Florida they literally get that much)
>if poor=crime they just lock them all up

They're tyrin' to build a prison. Of which

>usa has literally the highest incarceration rates of all nations and is also of the most capitalistic

>> No.6586473

>>6586364
China was, WAS communism. When nations like Russia ARE communist exterior nations don't get protected by the copyrights nor patents.

>>what's esl

Means you don't know engrish as a first language.

>> No.6586537
File: 22 KB, 600x567, 678905.jpg [View same] [iqdb] [saucenao] [google]
6586537

>mfw you can't make a cool sega intro screen for your homebrew genesis game

>> No.6586967

>>6583568
Accolade was the only one they lost out on as >>6582823 points out but that was also because Accolade went behind Sega's back and did it and Sega flipped. EA, Tengen and Codemasters told Sega informed they did it when negotating cart prices. Sega were willing to play ball and said they wouldn't sue if they got something out of them like exclusive or timed exclusive games even though all three had reversed the lock out and could manufacture their own cartridges. It's one of the reasons why they got so much support as instead of trying to use all the legal might they could to lock down the system did like Nintendo. They would pitch a deal instead. Trip Hawkins even said it to a Sega rep during negotiations on cart buying that they reverse engineered the cart and can make their own if they didn't get reductions on cart costs. Tom Kalinske flew in next day and pitched them the Joe Montana deal and letting them make their own carts (to save money) as long as Sega got license fees and exclusives out of it.

>> No.6586968

>>6586329
>you just infringed on their trademark. Report yourself to the cyberpolice

Yeah well I'm behind seven proxies, good luck catching me. I'm not going back to Turkish Colombian prison.

>> No.6587062
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6587062

>>6580330
No. As long as you don’t put the Nintendo logo anywhere on the box or cart. Game’s still get released on Dreamcast and Genesis and they don’t have any issues because they don’t put SEGA logos anywhere.

>> No.6587074
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6587074

>>6587062
Gleylancer got a reissue, just don’t put licensed by SEGA or Nintendo or whatever anywhere.

>> No.6587103
File: 59 KB, 500x356, yourmotherwilldieinhersleep.jpg [View same] [iqdb] [saucenao] [google]
6587103

>>6587074
>shoving Anime thots onto a perfectly framed and balanced cover just for the sake of Anime thots
>above all do it in a clashing 2010s style
simps

>> No.6587128

>>6587103
Blame the customers, most retro fags these days will only buy something if it has hot anime sluts on the box.

>> No.6587321

>>6586468
even tough it's morally questionable, to sleeping outside a house illegal, afaik most hobos would be happy, to sleep in a prison a night, or two...

>> No.6587364

>>6587321
>get locked up for three days due to sleep outside
>get charged for using toilet paper, soap, food, etc
>have to get job or keep going back in due to owning them money

That's not something they want faggot, and it actually happens.

>> No.6587391

>>6580330
No but you'll be in trouble with me as your game will undoubtedly be shit and I will not buy or even emulate it.

>> No.6587468

>>6586360
Does this kind of crazy go on in all poor stupid zoomer heads or are you special?

>> No.6587497

>getting legal advice from 4chan

>> No.6587731

>>6587364
Whoa criminals have to pay for what they consume over there?
THERE's one thing they're not doing right where I live. Well, aside from not keeping them locked up etc.

>> No.6587753

From Nintendo maybe. Sega wouldn't care.

>> No.6588083

>>6583487
>>6583568
So based, like damn.

>> No.6588092

>>6581498
Hahaha

>> No.6588903

>>6586537

you can, just dont sell it.

>> No.6588948

>>6587062
>>6587074
Sega's fine as mentioned a couple of times above as you don't have the Sega logo and the TMSS splash screen says that the product has not been licensed by Sega and Sega is not responsible for any potential damage.
Nintendo will sue even if you have a disclaimer as the SNES cart was never reverse engineered cleanly and they are still insanely protective of IP. Even iam8bit's SNES reproduction carts for the Disney and Capcom special editions were licensed from Nintendo and had the "Licensed by Nintendo" splash screens retained in the games. But they couldn't put Nintendo's name on the boxes or cart labels (Though that was more cost saving as Nintendo charges money for that).

>> No.6589134

>>6587731
Shit bait.