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Does SMW count as "open source" now that the game is disassembled?
Forum Index - SMW Hacking - SMW Hacking Discussion - Does SMW count as "open source" now that the game is disassembled?
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Like, if I made my own hack with non-Nintendo graphics, music, and levels, would it still count as copyrighted to Nintendo?
The disassembly wasn't done by Nintendo. Even if it were, it would still be under Nintendo's copyright. Plenty of software, including open source software, is copyrighted.

I don't think there is any way to get "based directly on Nintendo's game" and "not under Nintendo copyright".
That's precisely it. First of all, the fact that "source code" is available doesn't exactly make it "open-source", because "open-source" specifically refers to software that is willingly and legally open-source. Secondly, just because source code is available doesn't mean people can legally use it. Thirdly, just because source code is available, Nintendo don't lose the copyright to it.

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Feel free to visit my website/blog - it now isn't actually shit anymore!
Why do you want to follow copyright laws?

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Very very very shortly, this drab, workaday world and everything in it will be changed forever! Follow us into the golden country, into the empire of the senseless!
Originally posted by RPG Hacker
That's precisely it. First of all, the fact that "source code" is available doesn't exactly make it "open-source", because "open-source" specifically refers to software that is willingly and legally open-source. Secondly, just because source code is available doesn't mean people can legally use it. Thirdly, just because source code is available, Nintendo don't lose the copyright to it.

So 2 questions

1. This source code going against Nintendo's will?

2. It's illegal to use the disassembly?

Originally posted by 1337doom
Why do you want to follow copyright laws?

Because I respect the right to own IP
You're not allowed to use any Nintendo characters and trademarks in any project of your own, then, especially if that project is similar in nature of use to the original (eg. game based on a game series, art based on art etc.).

But yes, obviously their games being taken apart is against Nintendo's will. It's not "illegal to use the disassembly" though because no crime is being done in reading the information it contains, but it might very well be illegal to host or download it. Not sure if it actually is, probably depends on your location.
Weird Al Yankovic does parody songs based on copyrighted songs. There are also remix artists which take clips from movies and other songs and mash them together to make a new unique song.

I just looked at Weird Al's youtube video "White and Nerdy", and it has over 123 million views. So obviously parody or derivative works have a place and are valued in our society.

This is just my opinion, but I think rom hacking falls under this category.

Yes, it is copyrighted content, but it is remixed in a new way. If only Nintendo would give consent to do this then it could actually be legal, but they refuse to participate in the idea.

I think game companies should offer developers of fan games some kind of cut with their games. Say you make a Nintendo fan game, well they could host it on their online store and split the sales revenue it takes in. There could even be a special category just for fan made works.

The truth is, there is a lot of creative talent out there and every rom hacker or developer has their own idea on how to interpret an established franchise.

Just look up Mario fan artwork and see all of the diversity and different interpretations that artists give on their own versions of Mario.

What I'm basically saying is that companies need to be more flexible with their intellectual property and their fan base. Allowing other creative minds to be involved could possibly lead to the IP growing in popularity.
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