Where are the rights to retro games?

[enderfall]

What if the original company doesn't exist, and went out of business before making the game public domain or giving the rights to another company? Case in point: MUGEN.

I'd imagine if that was the case, that the rights are still owned by the "shell" company. In fact, it you were to want to use the rights to it, you could have to deal with the debtors of the company that went out of business, since it's likely the company could not pay back the obligations they had agreed to and a lien on the properties was likely enacted. It's certainly a much more fuzzy situation.

[Hatta]

What if the original company doesn't exist, and went out of business before making the game public domain or giving the rights to another company? Case in point: MUGEN.

Short answer: you're fucked.

While doing a little research, I came across this Nintendo page which I had never knew existed, but I found it very interesting.

Take the information on that page with a very large grain of salt. Some of it is flat out false, and the falsehoods are always in Nintendo's favor. For instance:

Are Game Copying Devices Illegal?

Yes. Game copiers that are used to copy video game software without authorization onto any type of memory device or the hard drive of a personal computer are illegal.

Section 117 of Chapter 1 of Title 17 of the US code states:
it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:

(1) that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner

Since your computer is "a machine" and making a copy is an "essential step in the utilization of the computer program in conjunction with" that machine, it is legal to make a copy provided that "it is used in no other manner".

There is no law anywhere in the US code that would prohibit such a device. It's not even prohibited by the proscription in DMCA against anti-circumvention devices, as there's no copy protection to circumvent.

They make blatant overstatements like that just to scare people.

Edit: oh yeah, none of that makes downloading roms of games you don't own legal. Just thought I'd make that clear. How much you care is up to you.

[Jerkface Killah]

[quote=
http://ap.nintendo.com/faq/#oop_not_pd[/quote]

interesting read. Nintendo has some valid points. But I think the response about old classics is BS. They are basically saying "don't pirate old games because they aren't available anymore. We may re-release them in the future. At some point. Maybe.". Oh ok. I guess I'll just hold out forever that they'll re-release (non-re-released game title here)!!

JFK

[HeavyMetalMe]

[quote=
http://ap.nintendo.com/faq/#oop_not_pd

interesting read. Nintendo has some valid points. But I think the response about old classics is BS. They are basically saying "don't pirate old games because they aren't available anymore. We may re-release them in the future. At some point. Maybe.". Oh ok. I guess I'll just hold out forever that they'll re-release (non-re-released game title here)!!

JFK[/quote]

I don't think they're being quite like that... it's more so, we own it, that's the law. Plain and simple. Just because I've out grown this bike doesn't mean you can just take it.

[CRTGAMER]

I think a game should be free of that 75 year clause if it is truly abandonware.

As for companies of older games that will not re-release,
just gives me a good reason to hang onto that original Retro game!

Huge similar arguements going on here.
http://www.racketboy.com/forum/viewtopi ... t=pirating

[aeon]

YOU WOULDN'T DOWNLOAD A CAR WOULD YOU!!?? HUH?! HUH?...

...But how about Shaq-Fu?

[Dylan]

YOU WOULDN'T DOWNLOAD A CAR WOULD YOU!!?? HUH?! HUH?...

...But how about Shaq-Fu?

You might as well just download malware instead. Or leprosy.

[AppleQueso]

http://ap.nintendo.com/faq/#oop_not_pd

interesting read. Nintendo has some valid points. But I think the response about old classics is BS. They are basically saying "don't pirate old games because they aren't available anymore. We may re-release them in the future. At some point. Maybe.". Oh ok. I guess I'll just hold out forever that they'll re-release (non-re-released game title here)!!

JFK

I don't think they're being quite like that... it's more so, we own it, that's the law. Plain and simple. Just because I've out grown this bike doesn't mean you can just take it.

Can I go ahead and make a copy of your old bike?

[Octopod]

Theft is tried in a criminal court while copyright infringement is tried in a civil court. Obviously it is not the same thing.


“ To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. ”


Doesn't say anything about securing a companies bottom line.

Anywho..

[HeavyMetalMe]

Can I go ahead and make a copy of your old bike?

Not even with the proper tools or know how, no. It's MINE!!!