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2023-11: Warosu is now out of extended maintenance.

/vr/ - Retro Games

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7069910 No.7069910 [Reply] [Original]

Is it illegal to sell fan made games?

>> No.7069914

>>7069910
Of course it is

>> No.7069918

Only if you ask them if they're a cop 3 times.

>> No.7069920

>>7069910
uh yeah unless it's their own games.

it shouldn't be illegal, but it is. doh

>> No.7069923
File: 2.33 MB, 1920x1080, b21.png [View same] [iqdb] [saucenao] [google]
7069923

>Dr. Jekyll and Mr. Hyde

>> No.7069929
File: 62 KB, 1080x608, gjdpt-A3EQ5Y7KVBZ-Full-Image_GalleryBackground-en-US-1525191146196._SX1080_.jpg [View same] [iqdb] [saucenao] [google]
7069929

>>7069923
>Simon's Quest

>> No.7069934

For those that don't know, the person selling these games is retrogamer3 aka the welfare gamer, formally known as the gaming rapist.

>> No.7069945
File: 12 KB, 260x330, AdamSavage.jpg [View same] [iqdb] [saucenao] [google]
7069945

>>7069934
The Raping Blob

>> No.7069948

Unless it's a Nintendo game it's unlikely anything would happen to you.

>> No.7069952

>>7069910
Le probably

>> No.7069969

>>7069934
Based gaming rapist

Went from cringe to based with this one review

https://www.youtube.com/watch?v=oSRgMIdR8QA

>> No.7070293

>>7069910
If you are using assets that belong to someone else, yes. Even if you are distributing romhacks for free Nintenjew would get you.

>> No.7070320

>>7070293
Just make your rom hack a patch of the game you're using assets from

>> No.7070323
File: 15 KB, 512x492, vomit.png [View same] [iqdb] [saucenao] [google]
7070323

>>7069910
What the hell is this? A dvd with an emulator and a hacked rom?

>> No.7070325 [DELETED] 

>>7070293
Strictly speaking, the rom hacks count as the IP of the person who did them since Nintendo did not create said hacks. Only the original, unmodified code as they created it would be theirs.

>> No.7070330

>>7069910
>Is it illegal to sell fan made games?
not illegal, just morally bankrupt. the seller is either european or american.

>> No.7070335

>>7070325
Why do musicians get sued for sampling other songs then? You don't think copyright law has a concept of derivative works? You have no idea what you're talking about.

>> No.7070347

>>7070335
>You have no idea what you're talking about.

not him but whenever I see the phrase "you have no idea what you're talking about" used, my instinct is to dismiss that person out of hand. as for samples, I believe you could use 3 seconds of a song for free and you'd have to pay for anything longer than that

>> No.7070376

>>7070347
Even using 1 second of another song without proper permission is copyright infringement.

>> No.7070407

>>7070376
In the US you're allowed 3 seconds for free. TV commercials do this all the time--they'll play one bar of a song so they don't have to pay to use it.

>> No.7070409

i don't know where the rest of you live but in Brazil, Nintendo's copyright powers are completely useless

>> No.7070420

>>7070347
>as for samples, I believe you could use 3 seconds of a song for free and you'd have to pay for anything longer than that
>>7070407
>In the US you're allowed 3 seconds for free.
no, this is total horseshit. please stop filling up the thread with lies

>> No.7070434

>>7069910
Normally no, only if the game belongs to certain dickish companies such as Nintendo.

>> No.7070441

Practically speaking, no. Repros, "drinking game" versions, and whatever the fuck mods those are shouldn't be sold for profit (if at all, their ROMs should be available).
A brand new game from scratch is a different story.

>> No.7070482

>>7070441
You cant base it on an IP owned by someone else. Using their assets to create a different game altogether is a no either. If youre doing it for free its probable fine but if you make profit they will come to collect the earnings.
With the amount of romhacking and modding that goes on it's strange that companies aren't capitalizing on it and selling modding toolkits, or releasing them for free and keeping the rights and profits of fan edits, selling mod packs or something.

>> No.7070484

>>7070482
>With the amount of romhacking and modding that goes on it's strange that companies aren't capitalizing on it and selling modding toolkits, or releasing them for free and keeping the rights and profits of fan edits, selling mod packs or something.
I mean, iD was extremely supportive of that kind of thing, PC gaming in general used to be. Morrowind shipped with the Morrowind Construction Set on a whole separate disk for example. And you could argue Mario Maker is kind of a response to romhacks.

>> No.7070491

>>7070484
Yeah I used to go ham with the ut map editor back in the days.

>> No.7070496

>>7070491
Epic in the 2000s was based. I remember when they put out a massive UT2004 update with dozens of new levels and shit, a while after the game came out, before "Gaming as a Service" bullshit was the norm.

>> No.7070506

>>7070496
We can only hope zoomers wake up and rise up against it, we are no longer the target audience.

>> No.7070515

>>7070506
It's not going to happen. Young people are used to dealing with that bullshit and it prints money.

>> No.7070518
File: 257 KB, 900x900, IMG_0530.jpg [View same] [iqdb] [saucenao] [google]
7070518

If Nintendo truly cared about this they'd arrest this guy rather than putting him in commercials

>> No.7070909

>>7069910
Not only is that sort of shit illegal it's immoral and super mega ultra turbo cringe

>> No.7070932

>>7069910
A bunch of people are selling Pokémon Repros on Facebook Marketplace and its really started to piss me off. Everytime I report one a new one pops up

>> No.7070934

>>7069910
>is copyright infringement illegal
Yes, you retard.

>> No.7071128

It should be illegal to be stupid enough to buy free shit.

>> No.7071159

>>7070347
>not him but whenever I see the phrase "you have no idea what you're talking about" used, my instinct is to dismiss that person out of hand.
Maybe you should stop talking about stuff you have no idea about if you're being told that so often

>> No.7071176

>>7069910
Only legal way is to sell it as a patch that you apply to a legally owned backup copy. Repros - Illegal. ROM Hacks - Illegal.

>> No.7071230

>>7071159
>>7070335
samefag

>> No.7071287

>>7071176
make an XOR patch of your rom, then modify the cartridge so that the data lines are on an XOR gate. Place a second ROM with your modifications and have it wired to the same address lines.

>> No.7071289

>>7070482
>Using their assets to create a different game altogether is a no either

Debatable. Nintendo did once have a lawsuit against Ikegami over the Donkey Kong source code. It may have been their characters but Ikegami claimed ownership of the code as they wrote it. The case was settled for an undisclosed sum.

>> No.7071290

>>7069910
Probably. Why do you ask?

>> No.7071293

>>7071287
also if your cartridge doesn't use any sort of memory management controller, you could have a game genie style adapter that does this for you without modifying the original board.

>> No.7071310
File: 292 KB, 680x904, 1961.jpg [View same] [iqdb] [saucenao] [google]
7071310

>>7070482
So if he makes a Princess Peach porn game, then Nintendo will have no choice but to sell it as an official product since it's their IP. (^:

>> No.7071334

>>7071310
They don't have to sell it, but if they did they would have to pay you royalties since it is your code they're using.

>> No.7071343

>>7071310
Das coomer...

>> No.7071353

>>7069969

would have been based if he didnt delete it from his channel but yea that movie sucked ass

>> No.7071394

>>7071310
I mean, they aren't selling Super Hornio Brothers as an official product.

>> No.7071421

>>7069969
that guys a fucking moron "Why is everyone calling you Nerd, why wouldn't they call you James?"

uh gee why doesn't anyone call Borat, Sascha or Indiana Jones, Harrison???

what a fucking dumb faggot

>> No.7071424

>>7070407
That does not happen, and is not true. US law is that any amount, no matter how small, requires recognition of the original artist.

>> No.7071456

>>7071176
Huh, that's not right no. The modifications made by the hacker are owned by the hacker. You can't sell that either without his consent.

>> No.7071485

>>7070407
yeah i remember those Best Buy commercials from a few years ago when they had the Back in Black riff. only a few seconds so they didn't have to pay Warner for it.

>> No.7071558

>>7071456
I was going under the assumption the person that made the hack patch is the one selling it.

>> No.7071590

>>7071485
they had to pay for it anon

>> No.7071597

>>7071558
arent derivative works illegal
or is that only if they contain the original

>> No.7071610

>>7071176
Theoretically you could not sell Mario ROM hacks since they contain Nintendo's code, unless you had permission from them. However Nintendo also could not sell ROM hacks without the permission of the author, because the modified code was made by the hacker guy, not Nintendo, therefore it's his code.

>> No.7071635

>>7071610
IMO derivative works should be made legal if they require the user to first purchase a copy of the original work. If there's no financial loss the law should allow hackers to have fun.

>> No.7071787

A bit scummy, maybe. I wouldn't worry about the legality issues of it unless you're a Nintendo lawyer and they aren't real people anyway.

>> No.7071859

I'm not going to argue either point, although I will say that when a company is as fascistic about IP protection as Nintendo tends to be, it simply tempts people more to want to poke them with a stick. they tend to take it as a challenge to want to annoy Nintendo's legal department as much as humanly possible for the lulz of it.

>> No.7071891

>>7071610
Patches don't contain code. They contain XOR'd data that is literally useless without the file it's XOR'd against.

>> No.7071914

>>7069934
the gaming... what?

>> No.7072109

>>7071914
the original videos are gone but here's an archive of somebody talking about it
https://youtu.be/E35frNJVJP8

>> No.7073943

>>7071558
That's rarely the case though. Most repro carts, including romhack ones, are made and sold without anyone's approval.


No need to get angry about it though.
This one guy was selling one of my romhacks, I sent him a gentle email to take it down, and he did.

>> No.7073961
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7073961

>>7070909
>moralfag calling anything "cringe"

>> No.7074117

>>7073961
>moralfag
zoom zoom

>> No.7074379
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7074379

>>7069910
Nope, free market bitch!

>> No.7074396

>>7070347
>>7070407
This is wrong, you are not allowed to sample any amount of a recording without paying for it. You are probably thinking of soundalike songs, which get used in ads all the time and are somehow not illegal.

>> No.7074404

>>7070420
>>7074396
yeesh, knock off the samefagging already

>> No.7074410
File: 72 KB, 750x219, 504A3C52-18A7-439A-884D-4EE455DE4B13.jpg [View same] [iqdb] [saucenao] [google]
7074410

>>7074404
>proudly says something wrong
>gets btfo for being a proud retard
>s-samefag!
>makes himself look like a retard again

>> No.7074524

>>7071635
They can have fun, just not profit.

>> No.7074546

>>7074117
This post works really well, but not on the level you thought it did.