homebrew request- replies to the last few emails

jpollock wrote:

>Kisados aren't a violation of anyone's >copyright, and you don't have to have

>permission to create third-party hardware for >game systems (Nintendo sued 
>Galoob over the Game Genie, and lost).
 
   i'll remind you that sony sued NCS succesfully for selling mod devices
(which were really intended to sell imports) and they also got Radio Shack and
most recently, microsoft, nintendo, and sony cracked down on lik-sang.  true,
the mod devices were eventually being used to pirate software or play pirated
software but the bottom line is, for a company that actually cares, hardware
mods/ converters are a really sore spot.  notice how the gameshark for example
is never billed as a device that can play imports?  it's more of an
unadvertised and perhaps even unintended bonus.  

>Creating an emulator isn't illegal, either, >unless the emulation relies on 
>copying copyrighted code.
     
      no, it is not illegal.  i am in favor of emulators.  however, making
money on them is a source of serious controversy most recently with sony and
nintendo.  and in the unlikely event NEC decides to rerelease a cheap version
of the Duo or revive it the way nintendo did the SNES through the GBA, then a
$15 magic engine emulator would be the object of some controversy.
  
>A patch to a commercially released game is >legal, too, if the license
permits 
>it, and sometimes even if it does.
 
>ROM images are violations of the DMCA.  Whether >or not a copyright owner
comes 
>after you for them depends entirely on what >assets you have.  If you have
none, 
>then there's no point in pursuing damages.  If >you have some, then they
might 
>get interested.
 
      i don't think we need to worry about assets here.  whatever is made
would probably be enough to cover production costs.      

>If you mess with TRADEMARKS, as opposed to >COPYRIGHTS, you WILL get one of
the 
>those polite "knock it off" letters from a >lawyer... trademarks have to be 
>defended, or they can be lost.

     you'll get warned if you mess with a disney, microsoft trademark.  but
Telnet?  Westone?  i doubt it.  unless you really made a significant profit,
the "knock it off" letter would cost more than what was earned on the game.  i
can't even begin to imagine how many fradulencies have been carried out
against SNK and nary a thing was done about it because (again) either SNK
didn't know or simply didn't care to expend resources to hunt down a few
people who likely didn't make very much money anyway.
 
>There are people who have in the past, on ebay >and elsewhere, sold copies of

>games, sometimes openly, sometimes >fraudulently.  Look at all the warnings
ebay 
>has now on the subject.  Hint:  lawyers were >involved, and ebay has money.

      As for what Alek said:

>Magic Engine is on the up and up. David Michel >programmed it. No sweat.
>Kisado is on the up and up. David Shadoff >created the thing.

      I am very appreciative of any work people do for our favorite system but
just because these people created something, it doesn't mean it's on the up
and up.  What kind of reaction do you think a kisado or magic engine would get
if they were released for the xbox or playstation 2?  poor bleem was deemed
legal and it still died a fate worse than death.

      and wedge. wrote:

>If translations are something being considered, >I'd go ahead and try to
contact these companies. 

     It's worth a try of course but I read read from Victor Ireland how very
difficult it is to get them to listen to you unless you are an established
publisher or have some credentials (not to mention money).  If you ask them,
they will not give anything away...that would set the most dangerous of
trends.  However, if and I mean IF they ever learned of the project and the
whole (say) 500-1,000 copies, they'd only consider sending  a cease and
desist, if you will, if they feel that it's even worth it. this project (like
so many fan-based groups) is too unnofficial to rouse sleeping or ignorant
developers in japan to try and trace a handful of copies.  now if, say,
electronic arts tried this, well, they might get noticed because their
projects are in the spotlight and they are easy to find and they are a legit
company violating another company's copyright. but a group of die hards who
could even preface a release with "this translation is not licensed in any way
by so and so or so and X and X aer repective trademarks of X".    
       


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