| I'm concerned about SMWC |
|
Forum Index - SMW Central - Site Questions & Bugs - I'm concerned about SMWC |
|
Pages:  1 2  |
|
|
|
| Posted on 2011-04-21 10:33:49 AM |
Link | Quote |
|
Considering SMWC is my favorite website, I am concerned that Nintendo will find this place and demand a shut down and the admins criminalized. Knowing the general nature of the site and Rumor has it that supermariobros.org was shut down due to being a Mario fan site (although controversy has risen claiming Nintendo had nothing to do with the shutdown) what if SMWC is forced to give up it's IP because Nintendo file a lawsuit?
The question is, Will it happen?
|
| Last edited on 2011-04-21 10:34:33 AM by xxxzzz1. |
|
| Posted on 2011-04-21 10:37:48 AM |
Link | Quote |
|
|
I would not believe that it will happen now since it has never happened. However, we can never be sure.
|
|
| Posted on 2011-04-21 10:38:07 AM |
Link | Quote |
|
They would use the site to locate everyone who has ever shown any sign of possessing a rom (i.e. most of the site) and use their squad of ninjas to hunt us all down.
But seriously, if someone from Nintendo found out, they probably wouldn't care. Plus, Kieran has a page for the legal information.
|
|
| Posted on 2011-04-21 10:38:51 AM |
Link | Quote |
|
|
Nothing. We're not breaking any laws.
|
|
| Posted on 2011-04-21 10:40:50 AM |
Link | Quote |
|
No. This is a huge site with over 10,000 active users. Nintendo doubtlessly knows about this site, and doesn't care -- the only profit they make off SMW is the occasional VC purchase.
Originally posted by SMWCThe purpose of this site is not to distribute copyrighted material, but to honor one of our favourite games.
|
|
| Posted on 2011-04-21 10:58:40 AM |
Link | Quote |
|
I really don't think that Nintendo is going to come and shut this place down. Kieran and the staff have made great efforts to ensure that we stay legal, with IPS patches and such, so I would be surprised if we were noted by Nintendo.
Also, while have over ten thousand members (15,483), a little over 10% of those are active (1,788). We're not that big
|
|
| Posted on 2011-04-21 12:24:22 PM |
Link | Quote |
|
|
If Nintendo gave a damn about the legal eggshells we're stepping on in this site, then I think they would rather help this site find a better (more legal) alternative then outright stopping us altogether.
|
| Last edited on 2011-04-21 12:24:50 PM by Vinnyboiler. |
|
| Posted on 2011-04-21 12:36:04 PM |
Link | Quote |
|
For one, several (read: pretty much everyone who isn't friends with the author of the site) believes that whole thing was a fake. Nintendo wouldn't just make a phone call to you asking you to shut your site down - there is an actual protocol to it.
Secondly, we've been around for 5+ years, we've been featured on bigger websites such as gonintendo.org, and etc. If we were going to be taken down, it would have happened ages ago.
|
|
| Posted on 2011-04-21 01:45:30 PM |
Link | Quote |
|
I can actually contribute to SNN's argument for once. As a law student I've studied copyrights and the such. Firstly they'd have to establish that we're causing them loss and/or using their content without permission then they'd need to send Kieran a cease and decease letter. Following that they could then proceed to bring legal action at which point we could quite easily appeal our case.
If we ever need lawyers, Kadyastar and I could do that as I believe we both study law.
|
| Last edited on 2011-04-21 01:48:08 PM by MVS. |
|
| Posted on 2011-04-21 02:20:57 PM |
Link | Quote |
|
Originally posted by marioVSshadowIf we ever need lawyers, Kadyastar and I could do that as I believe we both study law.
GRRRRR! WE TUFF!!!
Originally posted by marioVSshadowand/or using their content without permission
Aren't we technically doing so?
|
|
| Posted on 2011-04-21 02:44:22 PM |
Link | Quote |
|
|
The users are by using roms... Well that's what one could argue however the users are not the sites problem. By joining the site you didn't join it under the impression that smwc would take full responsibility if you were sued for the possession of a rom. The site doesn't host any roms and declares no endorsement of them.
|
|
| Posted on 2011-04-21 02:48:04 PM |
Link | Quote |
|
|
I meant using stuff without permission.
|
|
| Posted on 2011-04-21 02:58:37 PM |
Link | Quote |
|
|
Actually, we are illegal. We host hacks that use resources from other commercial games such as graphics and music. AND we host all.log. All of these things could be used against us in court.
|
|
| Posted on 2011-04-21 03:06:24 PM |
Link | Quote |
|
Yeah, I was about to say, I wasn't sure what kind of grey area all.log fell in.
But hey, SNN says we're cool, I'd trust his statement about this.
|
|
| Posted on 2011-04-21 03:13:34 PM |
Link | Quote |
|
Originally posted by moltensnowActually, we are illegal. We host hacks that use resources from other commercial games such as graphics and music. AND we host all.log. All of these things could be used against us in court.
Ips is not illegal. IIRC all the patches are are a set of instructions to which it modifies the selected file to. As it is unplayable in the patch state it is fine and legal. As it stands all the resources on the site are assembled by users. Even if we do make graphical copies Nintendo can't copyright something like the background of smb 1-1. Also mariondoe what content is being used by THE SITE without permission?
|
| Last edited on 2011-04-21 03:17:26 PM by MVS. |
|
| Posted on 2011-04-21 03:38:04 PM |
Link | Quote |
|
Our graphics and music are not perfect rips/ports. Not even the sampled ports and 8BPP backgrounds and foregrounds are completely flawless. As such, one might argue in a court of law that we are hosting resources similar in nature and inspired by music/graphics, but not the music/graphics themselves.
The only thing that could get us in deep shit would be our ROM/RAM map. Theoretically, using it--or all.log--one could construct a SMW ROM...although even that would not be a perfect replica of the original SMW ROM.
Point of fact: there are ways to get around things like this.
|
|
| Posted on 2011-04-21 03:42:36 PM |
Link | Quote |
|
Originally posted by marioVSshadowthey'd need to send Kieran a cease and decease letter
...
Anyways, the site has been around for a while, and if nothing has happened by now, I don't think there's any problems.
|
|
| Posted on 2011-04-21 03:51:14 PM |
Link | Quote |
|
Originally posted by KadyastarOur graphics and music are not perfect rips/ports. Not even the sampled ports and 8BPP backgrounds and foregrounds are completely flawless. As such, one might argue in a court of law that we are hosting resources similar in nature and inspired by music/graphics, but not the music/graphics themselves.
This is a pretty bogus defense. You're saying that they're Derivative works, but that doesn't mean it doesn't violate copyright laws.
The ripped resources (and obvious imitations), along with all.log, most definitely are illegal. No question there. However, that doesn't mean that A) Nintendo will care, and B) even if they did, would the hit to their PR and wallet be worth it to prosecute.
I can say with pretty good certainty that Nintendo doesn't give a crap about ROM hacking. They do care about ROM distribution since it could potentially damage their profit margin if they decide to re-release stuff (like with the virtual console), but even there it's a better use of resources to add additional, director's-cut-type perks onto the re-releases to encourage people to buy them rather than hunt down copyright violations.
|
| Last edited on 2011-04-21 03:52:13 PM by Kaijyuu. |
|
| Posted on 2011-04-21 07:42:29 PM |
Link | Quote |
|
Originally posted by KadyastarOur graphics and music are not perfect rips/ports. Not even the sampled ports and 8BPP backgrounds and foregrounds are completely flawless. As such, one might argue in a court of law that we are hosting resources similar in nature and inspired by music/graphics, but not the music/graphics themselves.
The only thing that could get us in deep shit would be our ROM/RAM map. Theoretically, using it--or all.log--one could construct a SMW ROM...although even that would not be a perfect replica of the original SMW ROM.
Point of fact: there are ways to get around things like this.
As it stands we don't even have a full rom or ram map. We're missing a lot of addresses. And yeah this pretty much sums it up.
|
|
| Posted on 2011-04-21 10:55:31 PM |
Link | Quote |
|
all.log is a very grey area, as has been suggested, seeing as how it's .. you know, a disassembled SMW ROM. However, no defense is perfect, and we'd rather try to make ourselves as "legal" as possible, even though we know we can't be 100% perfect. Of course, that step has been preventing outright hosting ROMs. We host ripped graphics and music, but so do places like The Spriter's Resource, MFGG, etc. In fact, so do a shitload of other places. We're not special.
I think what I'm trying to say is that this idea of legalities has been brought up before, and all we can answer with is "we're doing our best". It's nothing to worry yourselves over though, so .. don't.
|
| Last edited on 2011-04-21 10:56:28 PM by S.N.N.. |
|
|
| Pages: 1 2 |
|
|
|
|
Forum Index - SMW Central - Site Questions & Bugs - I'm concerned about SMWC |
