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I think we should contact Nintendo to make sure that we are being legal
Forum Index - Top Secret Area - Site Questions, Feedback & Bugs - I think we should contact Nintendo to make sure that we are being legal
Pages: « 1 » Thread Closed
So on the bottom of the page, it says that the intention of this site is to not host copyrighted material, but there are many copyrighted things on here like graphics and music. So I think we should ask Nintendo what they think.

And also before you say I'm trying to kill the site, it's just that I think that Nintendo has the right to approve or disapprove of their IPs being used in hacks, and the disclaimer is there anyways, so this means that we have to make sure that we are doing legal things in order for that disclaimer to not be a lie. So please don't lock this.
I think it's pretty obvious what Nintendo thinks, considering they hammer down on fan projects all the time and really this would be no different. Contacting them would be pointless because all it would do is draw even more of their attention to a site that already walks a very thin line regarding legality. All it would take is for Nintendo to send a C and D and Kieran would have to shut down the site. The only reason we haven't faced any real issues so far is that we make it very clear we don't host the actual games themselves on here due to our "No ROMs" policy—we have BPS files, which are only the changes made to the original game. Which may not sound like much of a difference but they're still technically two different things regardless. Furthermore, the songs and graphics hosted here are all rather small in the grand scheme of things, and it's doubtful they would be any part of what caused Nintendo to take action against this site.

It's clear you think your head is in the right place with this and I don't believe you mean the site any harm, but believe me when I say this just isn't something worth pursuing in any way. Nothing to be gained here.
Thanks for replying. The reason I brought this up is because unlike some site's I've asked where the common opinion is "fuck what Nintendo thinks", the disclaimer at the bottom of the page is making me think that we want to try to play by the rules. Get it?
Originally posted by FanofSMBX
the disclaimer at the bottom of the page is making me think that we want to try to play by the rules. Get it?

well we're not trying to break laws lmao

no rom distribution = nintendo isn't pissed off
"I'd rather be hated for being me than idolized for being someone else." - NetNobody/SkyDoesMinecraft 2017
Thanks to RanAS for making his layout maker and to Snoopity for helping with the text color!
Even if we don't distribute ROMs, we still distribute fan games. Of course, this is different from Pokémon Prism, which had public source code that could be compiled, but I personally don't see any reason they couldn't C&D us if they want. Another thing to keep in mind is that, as far as I'm aware, an IP belonging to Nintendo visited the site in 2014 and nothing happened.

I highly doubt they could shut down the whole website, however. The hack database, perhaps, but not the forums or other sections where nothing infringes their IP.
it's still not something they can just take down though

technically patches are just changes to the game itself, not the entirety of it (user-created resources like music, ExGFX, sprites, level data, patches, etc.); you can't play shit with just a BPS file though

the ROM itself is what you need to actually use the changes, which really just adds to the importance of not having ROMs on the site

if I got anything wrong let me know so I can secretly edit it to not look like an idiot
"I'd rather be hated for being me than idolized for being someone else." - NetNobody/SkyDoesMinecraft 2017
Thanks to RanAS for making his layout maker and to Snoopity for helping with the text color!
Some things to the OP:

1) Something being illegal doesn't necessarily mean it's bad. Lawmakers make mistakes, are corrupt, do bad things themselves, etc. Copyright is one of those bad things, at least as it stands now.

2) The site wishes to avoid liability, and does what it can for that. Obscurity is part of that.


Please don't deputize yourself as a thug to hold up a frankly immoral system. Leave harmless sites like these in peace.
Thank god the us copyright law have exceptions and other bits that aren't copyrightable:

Originally posted by US Copyright office
Copyright law expressly excludes copyright protection for “any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied.”


SMWC is not alone on this, Romhacking.net is also safe from the DMCA nukes.

My only issue is that when copyright maximist (Any SOPA supporter (and its clones), Alex Thomas Mauer, any people who deliberately abuses the DMCA takedown notice, anti-critic, individuals/companies/organizations like John Deere don't want you to modify, repair, use alternative products (like 3rd party ink for printers) and analyze bought content, uses abusive DRM etc.) wanted to expand copyright infringement liability on legal things that can be used for piracy. This have been going on since 1976 (42 years ago) when these media companies tries to outlaw recording devices (this example), but thankfully AHRA stepped in to make this legal.

Would you put a company who make knives in liability just because it is used to murder people? These companies are those who wanted to modify copyright to be more expansive, rather than hitting actual immoral pirates. Sometimes additional enforcement leads to more infringement because people actively protest it.

Right now, be thankful that America allowed harmless unauthorized use of copyrighted content (give thanks to ifixit, EFF, free software foundations). America is not only freedom in the real world, also electronics.

--------------------
Really hope Asar's %CallMacro() issues are fixed.
a

Why did you make another thread like this when you posted exactly this thread in SMW Hacking Discussion just three days before and it got locked? Don't do it again.
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Pages: « 1 » Thread Closed
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