Say goodbye to any hopes of Earthbound on the Virtual Console

PK FIRE!
Member
Member
Posts: 9478
Joined: Sun Apr 09, 2000 1:00 am
Location: On the run.

#21

Post by PK FIRE! » Sat Feb 21, 2009 7:33 pm

Heh makes me wish the ironry of the infamus "Kill all the lawyers" line was much less apprent. I myself have a great deal of respect for the criminal justice system, yet tort reform and civil cases make my head hurt with the rampent stupidity that's become so intwined with them. "Thank you for Smoking" has become my favoret movie because of this.

- You stupid dog!
Quotes to live by.

\"A man\'s fate is a man\'s fate and life is but an illusion\" Shogun
\"I think therfore I am dangerus.\" Unknown
\"Knowlegde without wisdome is a ticking timebomb.\" Myself

User avatar
Crazyswordsman
Member
Member
Posts: 10683
Joined: Mon Jan 23, 2006 2:36 am
Location: Booyaville (yeah!)
Contact:

#22

Post by Crazyswordsman » Sat Feb 21, 2009 9:39 pm

Sim Kid wrote:Wait...don't they think some of the songs sound like a Monty Python theme? Isn't that public domain?
It IS. Like I said, the whole thing is effing ridiculous.

The criminal justice system is a wonderful thing (even though it's flawed), but the whole issue with all these frivolous lawsuits just to make money is ridiculous, and that's what copyright law has become. -CSM

User avatar
Kargath
Member
Member
Posts: 10653
Joined: Wed Jul 25, 2001 1:00 am
Been thanked: 5 times

#23

Post by Kargath » Sat Feb 21, 2009 10:21 pm

I would say it's the fault of Ape and HAL Laboratory. They should have made their soundtrack wholly original instead of stuffing it full of covers without permission.
Why is it drug addicts and computer afficionados are both called users?
-Clifford Stoll

User avatar
Crazyswordsman
Member
Member
Posts: 10683
Joined: Mon Jan 23, 2006 2:36 am
Location: Booyaville (yeah!)
Contact:

#24

Post by Crazyswordsman » Sun Feb 22, 2009 12:02 pm

^Most of it is more references than samples. Using Tomato's logic I could call out Chrono Trigger's soundtrack. Ayla's theme sounds a lot like a Tom Jones song, and I don't think I need to tell you what Robo's theme sounds like. Yet that got a DS rerelease. It's the same thing here.

Like I said, our best hope is to join the crusade against frivolous lawsuits. Let the EFF know about stuff like this, or study law and start a career in protecting gamers' rights (of course I doubt that would help the economy much, considering lawyers in general don't). -CSM

User avatar
1-up Salesman
Member
Member
Posts: 4493
Joined: Sat Apr 19, 2008 8:40 pm
Location: ar can saw
Been thanked: 2 times

#25

Post by 1-up Salesman » Sun Feb 22, 2009 5:43 pm

That really, really sucks. But at least there's still emulators, and then you don't even have to pay for it. But still, that's really stupid.

User avatar
Crazyswordsman
Member
Member
Posts: 10683
Joined: Mon Jan 23, 2006 2:36 am
Location: Booyaville (yeah!)
Contact:

#26

Post by Crazyswordsman » Sun Feb 22, 2009 7:36 pm

^Yes, emulation is an option. However, I only save it for VERY LAST RESORTS, because it's illegal (although there are gray, debated areas), you're losing part of the game's experience, and it's so easy to cheat. The only emulated game I downloaded since 2004 is Mother 3, and only because they never had (or will have) an official release, and only after I imported a legal copy of the game (which I have sitting in the plastic bag on my bookshelf). -CSM

User avatar
Speed
Member
Member
Posts: 3772
Joined: Sat Aug 27, 2005 1:00 am
Location: The Wasteland

#27

Post by Speed » Sun Feb 22, 2009 9:04 pm

Bomby wrote:Copyright laws go way too far.

So please try to break them regularly.

*Emulates*

Seriosuly I don't know what NoA's problem is.

The game came out over a decade ago, Any lawsuits based on VC re-release are so ridicules it's not even funny.

Besides even if they did get hit by a lawsuit, there is a magic thing called the parody claus that nulls any claim of copyright infringement if it's for parody's sake.

User avatar
1-up Salesman
Member
Member
Posts: 4493
Joined: Sat Apr 19, 2008 8:40 pm
Location: ar can saw
Been thanked: 2 times

#28

Post by 1-up Salesman » Sun Feb 22, 2009 9:58 pm

Crazyswordsman wrote:^Yes, emulation is an option. However, I only save it for VERY LAST RESORTS, because it's illegal (although there are gray, debated areas), you're losing part of the game's experience, and it's so easy to cheat. The only emulated game I downloaded since 2004 is Mother 3, and only because they never had (or will have) an official release, and only after I imported a legal copy of the game (which I have sitting in the plastic bag on my bookshelf). -CSM
Yes, there's a small bit o' cheating in there. On my SNES emulator, you can save at any place. And actually, I like that. Heck, I have an NES emulator where you can rewind and fastforward.

Stanley the Bugman
Member
Member
Posts: 1656
Joined: Sun May 06, 2001 1:00 am
Location: A Greenhouse

#29

Post by Stanley the Bugman » Mon Feb 23, 2009 12:32 am

Ugh. >_<

Yeah, I was definately dissapointed in hearing this news. I own a copy on the SNES, but I would have downloaded it on the VC just to show some support. It seems that the Mother series is destined never to go any further over on this side of the world... Hell, I think we were lucky just to get EarthBound...

User avatar
Crazyswordsman
Member
Member
Posts: 10683
Joined: Mon Jan 23, 2006 2:36 am
Location: Booyaville (yeah!)
Contact:

#30

Post by Crazyswordsman » Tue Feb 24, 2009 11:37 pm

^I think we ALL would've downloaded it on the VC. In fact, I was planning on holding a contest on VGF for people who have yet to play the game, and the winners would get EB gifted to them from me. -CSM

User avatar
Sim Kid
Member
Member
Posts: 13761
Joined: Fri Jul 13, 2001 1:00 am
Location: The state of Denial
Been thanked: 59 times

#31

Post by Sim Kid » Tue Feb 24, 2009 11:58 pm

Or just Earthbound Zero. I'm sure a lot of people woudl have downloaded THAT considering that there actually was an english version.

User avatar
Valigarmander
Member
Member
Posts: 51366
Joined: Thu Jun 01, 2006 8:22 pm
Location: World -1
Has thanked: 119 times
Been thanked: 508 times
Contact:

#32

Post by Valigarmander » Wed Feb 25, 2009 12:01 am

You know, by now I'm probably just going to play a rom (screw the law) to see what all the hype is about.

User avatar
Jesus
Member
Member
Posts: 6338
Joined: Mon Jul 10, 2000 1:00 am

#33

Post by Jesus » Wed Feb 25, 2009 12:27 am

Getting sued would be very dangerous. And you know there are stupid lawsuits so it's best not to risk it. It's like you going and rereleasing a greatest hits album of various musicstars and having one of the stars sue you because you didn't get permission to use their song. There are LOTS of pop culture references. One off the top of my head were the Blues Brothers. Another being the yo-yo. Only reason they didn't get sued before is because the game failed to garner large enough sales when it was first released in the US.



Of course we have to look to the fact that Starmen.net resources don't really give us any credibilty. Do you see legit sources for the article?

User avatar
I REALLY HATE POKEMON!
Member
Member
Posts: 33163
Joined: Thu Jun 08, 2000 1:00 am
Location: California, U.S.A
Has thanked: 5568 times
Been thanked: 498 times

#34

Post by I REALLY HATE POKEMON! » Wed Feb 25, 2009 2:08 am

Sim Kid wrote:Or just Earthbound Zero. I'm sure a lot of people woudl have downloaded THAT considering that there actually was an english version.
Yeah, what's their excuse for not releasing that gem?

User avatar
Crazyswordsman
Member
Member
Posts: 10683
Joined: Mon Jan 23, 2006 2:36 am
Location: Booyaville (yeah!)
Contact:

#35

Post by Crazyswordsman » Wed Feb 25, 2009 8:30 am

Jesus wrote:Getting sued would be very dangerous. And you know there are stupid lawsuits so it's best not to risk it. It's like you going and rereleasing a greatest hits album of various musicstars and having one of the stars sue you because you didn't get permission to use their song. There are LOTS of pop culture references. One off the top of my head were the Blues Brothers. Another being the yo-yo. Only reason they didn't get sued before is because the game failed to garner large enough sales when it was first released in the US.



Of course we have to look to the fact that Starmen.net resources don't really give us any credibilty. Do you see legit sources for the article?
You can't get sued for referencing something. If you could that would violate freedom of speech. -CSM

Stanley the Bugman
Member
Member
Posts: 1656
Joined: Sun May 06, 2001 1:00 am
Location: A Greenhouse

#36

Post by Stanley the Bugman » Wed Feb 25, 2009 8:46 am

Jesus wrote:Getting sued would be very dangerous. And you know there are stupid lawsuits so it's best not to risk it. It's like you going and rereleasing a greatest hits album of various musicstars and having one of the stars sue you because you didn't get permission to use their song. There are LOTS of pop culture references. One off the top of my head were the Blues Brothers. Another being the yo-yo. Only reason they didn't get sued before is because the game failed to garner large enough sales when it was first released in the US.



Of course we have to look to the fact that Starmen.net resources don't really give us any credibilty. Do you see legit sources for the article?
I read somewhere, (I think it was at starmen.net) about all of the references the game makes, and to be honest with you, I don't think any of them are really lawsuit worthy... I mean, yeah, there's some quite obvious references, but nothing major that the game developers ripped off. Besides, in all reality, who the hell is gonna even notice the slight references a 14 year old SNES game that you have to download on the Wii's virtual console that is gonna sue Nintendo for anyway?

User avatar
Crazyswordsman
Member
Member
Posts: 10683
Joined: Mon Jan 23, 2006 2:36 am
Location: Booyaville (yeah!)
Contact:

#37

Post by Crazyswordsman » Wed Feb 25, 2009 7:09 pm

And I honestly can't see how a Blues Brothers reference, or even a band that does the same style the Blues Brothers do, can warrant a lawsuit. It's not even fair use - nothing is being used! The only way that could warrant a lawsuit is if they actually called the band the Blues Brothers or if they used a Blues Brothers song or SNL skit in the game, neither of which is true (and the first isn't even copyright infringement - it's trademark infringement, which is something completely different.) -CSM

User avatar
Jesus
Member
Member
Posts: 6338
Joined: Mon Jul 10, 2000 1:00 am

#38

Post by Jesus » Wed Feb 25, 2009 8:40 pm

Crazyswordsman wrote:You can't get sued for referencing something. If you could that would violate freedom of speech. -CSM
Family Guy got sued once because of spoofing a song from some random musical. I think it was the "wish I had a jew" song or whatever. I don't know if they won or not but it did cost them to hire some lawyers.

User avatar
Crazyswordsman
Member
Member
Posts: 10683
Joined: Mon Jan 23, 2006 2:36 am
Location: Booyaville (yeah!)
Contact:

#39

Post by Crazyswordsman » Wed Feb 25, 2009 8:44 pm

^I don't think they got sued for infringement, and if they did, it was probably because the estate of the creators (it's a very old song, almost makes the Public Domain cutoff point) didn't want the song to be used in a manner that might be offensive to some. Still, I think Family Guy could get away with it in court considering it's parody (think of what Weird Al gets away with). -CSM

PK FIRE!
Member
Member
Posts: 9478
Joined: Sun Apr 09, 2000 1:00 am
Location: On the run.

#40

Post by PK FIRE! » Wed Feb 25, 2009 9:41 pm

If you could get sued for simpaly refrencing stuff mankind wouldn't of had to deal with the likes of; "Date Movie", "Epic Movie", "Meet the Spartans", and the aptly titled "Disaster Movie"

Isn't there a statute of limitations on civil suits like there is for criminal cases? If so then shouldn't whoever would want to file a suit have had to file it back when Earthbound first came out?

Oh by the way when is the public domain cutoff point?

- You stupid dog!
Quotes to live by.

\"A man\'s fate is a man\'s fate and life is but an illusion\" Shogun
\"I think therfore I am dangerus.\" Unknown
\"Knowlegde without wisdome is a ticking timebomb.\" Myself

Locked