Gaming Forums => Nintendo Gaming => Topic started by: Flames_of_chaos on February 16, 2009, 12:17:30 PM
Title: Looks like Earthbound won't be hitting Virtual Console
Post by: Flames_of_chaos on February 16, 2009, 12:17:30 PM
The sad story here (http://starmen.net/ebvc/)
Quote
Attack of the Copyright Lawyers
Sure enough, the weeks following E3 were barren. By the end of July we heard from our contact -- all they could say was that there were delays, and while things weren't falling apart, it wasn't looking good. Maybe August? After an agonizing couple of weeks (and the release of the hotly-anticipated DK Math Jr), we got something solid: December. We adjusted our plans accordingly.
We didn't realize it at the time, but the appearance of NoA's legal squad was the beginning of the end for EarthBound. They were demanding changes to the game, and while we can't say specifics, it's safe to assume they were uncomfortable with the game's constant pop culture references. EarthBound's soundtrack, in particular, references/samples every band under the sun, and hearing that any game is constantly referencing bands like The Beatles is enough to make any modern IP lawyer wring his hands.
This wouldn't normally be an issue (lots of changes have been made to other VC releases), but there was one major problem: NCL wasn't playing ball. For reasons we can only guess, the head honchos back in Japan were refusing to let NoA modify the game prior to release. Was it too expensive? Did they disagree with the NoA lawyers' assessment? Were they just being stubborn? Was Itoi involved somehow? None of our sources were able to tell us what transpired.
Meanwhile, we were in the dark, still expecting a December release. By January 2008, we were getting worried. December had come and gone, and Brawl's release was drawing near. If Nintendo hoped to release EarthBound, their window of opportunity was closing -- SSBB's hype had been sending Starmen.Net's traffic off the charts, and it didn't take a marketing genius to realize that, a few weeks/months after the game was released, most people would stop caring about Ness.
Brawl and the ESRB rating Starmen.Net traffic from June 2007 - June 2008
In March '08, Brawl was released and our traffic peaked. The following Mondays were agonizing, and when EB failed to materialize we contacted our source to find out about the latest holdup. This is when we found out that NoA's lawyers were refusing to release the game without changes, and NCL was refusing to authorize those changes. The stalemate, if it continued, guaranteed that the game would go unreleased.
That news is what compelled us to organize the PK Tube'N in the spring of 2008. It was a last-ditch effort to salvage the game, and we made that much clear: in the video, we explained that "EarthBound is probably not coming out on Virtual Console". The fans responded in the same way they always have: with a huge flood of creativity and an outpouring of support. The Tube'N was a great success, with the submitted videos garnering about 400,000 views over the course of a month.
Part of the reason the Tube'N felt like such a huge success is because, only a week after it started, EarthBound was rated by the ESRB, capping off a huge Shacknews article about the community. This, of course, sent fans into a frenzy, and since then pretty much everyone has believed that it's just a matter of time before EB is released on the VC.
Unfortunately that's not true, as we found out a little later that summer. We've had to sit on the information until now, but the time and circumstances are finally right to let the cat out of the bag:
The VC rating was a mistake.
Not like "ugh we never should have done the ESRB rating early, all these annoying fans are all worked up", but more along the lines of "Uhhh, why was EarthBound rated? I thought the guys over in legal told us to forget about it?"
From what we've learned, Nintendo never intended to send EarthBound up the flagpole; it seems to have been some kind of internal mistake on behalf of the ESRB. By the time both parties (NoA and the ESRB) realized what had happened, it was presumably not worth the effort to 'fix'. NoA didn't have to pay for it, and the ESRB didn't have to go to the trouble of backpedaling. And besides, as far as the ESRB knew, the game would be released eventually anyway... right?
Well, then.
EB was, and will continue to be, withheld due to legal issues. It doesn't matter what anyone's opinions are on copyright law or fair use; the fact is that Nintendo's lawyers have a huge amount of leverage over the release of any game they're uncomfortable with, and EarthBound made them pretty uncomfortable. As long as NCL remains unwilling to approve changes to the game, EarthBound will stay buried.
Long story short: there are a bunch of copyright issues especially with the soundtrack. And it seems like NCL will refuse altering the original game to satisfy copyright law. I know it's sad that copyright issues are making the game a no show but you have to give props and respect to Shigesato Itoi and NCL not allowing their game and original vision to be butchered because of copyrights.
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: KDR_11k on February 16, 2009, 12:22:13 PM
They might have a point if the game hadn't already been released once.
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: decoyman on February 16, 2009, 12:29:02 PM
:( :( :(
P.S. - QFT, KDR.
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: Deguello on February 16, 2009, 12:38:42 PM
And by that same token, you should respect Nintendo of America's lawyers in not wanting a gigantic lawsuit about the Beatles music references. Now I know you're thinking "I'm sure Paul McCartney and Ringo wouldn't mind." And to tell you the truth, they wouldn't. But they don't own the rights to their old music. Michael Jackson does, last time I checked (and according to this little VH1 special.) And considering the financial climate, both his and in general, I'm sure his lawyers are scanning the headlines like hawks waiting to sue a big company for just this sort of thing.
Realize the good in both parties, NCL not wanting their artistic work to be altered, and NOA wanting the game to be released at any cost due to a desire to please the fans. It's a pity the current climate is preventing this game's re-release.
Earthbound is Oktoberfest here. It was a rollicking good time in 1932. 1942 is a little different.
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: KDR_11k on February 16, 2009, 12:55:01 PM
How elaborate are the music references, do they directly take parts of those songs and play them or do they just use a similar style? And why would they get sued now if they didn't get sued back then?
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: Flames_of_chaos on February 16, 2009, 01:25:15 PM
How elaborate are the music references, do they directly take parts of those songs and play them or do they just use a similar style? And why would they get sued now if they didn't get sued back then?
Because copy right infringement lawsuits are much more rampant than it has been in the 90's. And with how the global economy is now you can bet that lawyers would like to get some lawsuit income. Also The Beatles has been very protective of their songs recently so I'm not surprised.
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: Ian Sane on February 16, 2009, 01:37:21 PM
Quote
They might have a point if the game hadn't already been released once.
You would think that but lawyers didn't used to be quite as on the ball about that sort of stuff. Something like a videogame back in 1995 would have flown under the radar.
I admire NCL for not wanting to compromise the game but I think a lot of people would rather have it slightly altered than not have it at all.
I question however if anyone would have noticed if NOA's lawyers didn't get all worried about it. I never heard ANYTHING about music rights for Eathbound until recently. If NOA hadn't brought it up I wonder if there would ever have been any risk.
I really wish copyright law had a "historical accuracy" clause so that any artistic work made in the time when copyright lawyers paid less attention is protected and can be release unaltered. Why should we have to deal with altered soundtracks or works being kept in unreleasable limbo because they screwed up? If Earthbound was able to be released and sold in 1995 without any copyright lawyers making a peep it should be allowed to be re-released by Nintendo unaltered because the lawyers had years to express any problems they had with it. Them failing to do so should be interpreted as them saying it's okay. It should be like how a brand name can become genericized if a company fails to protect their trademark. There's a real world example of "you didn't say anything so too bad for you" in the legal system so I think it should apply for copyright as well.
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: SirSniffy on February 16, 2009, 01:51:57 PM
I admire NCL for not wanting to compromise the game but I think a lot of people would rather have it slightly altered than not have it at all.
I'd even be willing to go for this option. I mean, as a U.S. gamer, I am used to changes and alterations to game content. Nintendo of America is clever enough I feel to make some translational and content changes to the game while keeping the game's integrity intact.
I won't hold my breath, but I will remain hopeful that someday I will be able to play Earthbound on my VC.
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: KDR_11k on February 16, 2009, 02:00:21 PM
I really wish copyright law had a "historical accuracy" clause so that any artistic work made in the time when copyright lawyers paid less attention is protected and can be release unaltered.
Be careful what you wish for, that almost amounts to a "defend it or lose it" rule like trademarks have and make it pretty much mandatory to sue anyone who might be even slightly infringing.
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: Flames_of_chaos on February 16, 2009, 02:22:27 PM
They might have a point if the game hadn't already been released once.
I admire NCL for not wanting to compromise the game but I think a lot of people would rather have it slightly altered than not have it at all.
I question however if anyone would have noticed if NOA's lawyers didn't get all worried about it. I never heard ANYTHING about music rights for Eathbound until recently. If NOA hadn't brought it up I wonder if there would ever have been any risk.
I really wish copyright law had a "historical accuracy" clause so that any artistic work made in the time when copyright lawyers paid less attention is protected and can be release unaltered. Why should we have to deal with altered soundtracks or works being kept in unreleasable limbo because they screwed up? If Earthbound was able to be released and sold in 1995 without any copyright lawyers making a peep it should be allowed to be re-released by Nintendo unaltered because the lawyers had years to express any problems they had with it. Them failing to do so should be interpreted as them saying it's okay. It should be like how a brand name can become genericized if a company fails to protect their trademark. There's a real world example of "you didn't say anything so too bad for you" in the legal system so I think it should apply for copyright as well.
I'm actually surprised you would say something like that since you seem like the type of person that would be pissed if Nintendo messed with a classic like that. Also NOA's legal staff has to deal with simple things like these because it's their job to protect Nintendo's ass from copyright infringement and lawsuits.
And I'm sure everyone wishes that copyright law was different.
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: Ian Sane on February 16, 2009, 02:51:09 PM
Quote
Be careful what you wish for, that almost amounts to a "defend it or lose it" rule like trademarks have and make it pretty much mandatory to sue anyone who might be even slightly infringing.
Back date it so that only works prior to 2000 count. There was a time where someone would make and sell artistic work that was technically copyright infringement. However the copyright owner didn't complain so the artist assumed that his work's use of that material was acceptable. Then years later you tries to publicly sell his artistic work again and suddenly lawyers all over him. I don't think that's very fair. You can't give someone the impression for years that something they're doing is okay and then suddenly be a hard ass about it.
Since 2000 obviously copyright enforcement has been much more strict. Which is fine because those are the rules and everyone is aware of them and follows them when making artistic works for sale. But for pre-2000 works copyright lawyers are kind of changing the rules. So I say an exception should be made.
To me it's like if prohibition was in the town charter and nobody knew about it and then when it suddenly was acknowledged they went and arrested everyone with liquor in their house because it's against the law, even though those people bought the liquor under the assumption it was not illegal.
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: EasyCure on February 16, 2009, 02:53:26 PM
:(
Poor Bill....
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: KDR_11k on February 16, 2009, 03:06:26 PM
Arbitrary years are no good for laws, that only divides works into classes where some get a free pass and others do not on a purely arbitrary cutoff line. It's fair if that cutoff line is when the law gets passed and earlier actions are judged according to the laws at their point of creation instead of afterwards (I think that's a common legal principle though) but passing a law now that retroactively exempts actions before an arbitrary cutoff line is the kind of disney law that hurts copyright laws and makes them seem biased towards major corporations. Your prohibition example falls flat, ignorance of the law is no defense.
Anyway, what kind of "homage" are we talking about here?
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: Mop it up on February 16, 2009, 05:47:09 PM
I love Earthbound but I've never heard anything about how the music in the game "references/samples every band under the sun". Which bands are we talking about here, and how similar is the music? If it isn't a direct copy, is that really even copyright infringement? Would these supposed references actually harm the original properties in any way? Seems like such a ridiculous claim to me, it's a real shame people aren't going to be able to experience this magical and under-appreciated game simply because of some trivial reference that may just be imagined.
This makes me wonder what chance the NES Earthbound (Mother 1) has of coming to the VC. It was already translated so there's no problem there. Does it have a "derivative" soundtrack as well?
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: Spinnzilla on February 16, 2009, 06:02:27 PM
LOL, pwned.
Why can't they just rework the damn soundtrack?
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: Luigi Dude on February 16, 2009, 06:27:01 PM
I'd like to just say that right now, none of the Mother/Earthbound games have been released on the Japanese Virtual Console either. Even after the Japanese version of Brawl had a demo of Mother 2 in the Masterpieces section, the game still hasn't come out.
The fact that Nintendo hasn't released them even in Japan yet seems to say that there might be another problem with the games that we don't know about.
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: decoyman on February 16, 2009, 06:35:06 PM
Well, I guess there's one solution then. It's a three-letter word that starts with R and ends with M.
RAM, as in "RAM" a car into Nintendo HQ, temporarily take control of the building, and remain until the papers designating the game for release are signed.
Oh, goodness. This could get me in trouble. FOR EVERYONE, WHAT IS UNDERNEATH THAT SPOILER TAG IS A STUPID JOKE.
It's not even funny, I know. :'( "Frankly... I'm ashamed." /layton
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: Adrock on February 16, 2009, 06:39:08 PM
Too bad they can't pawn it off to Silicon Knights since they wouldn't worry about either one
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: ShyGuy on February 16, 2009, 08:06:12 PM
I miss Bill... :(
AND RUBBING THIS BAD NEWS IN HIS FACE HAHAHAHA
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: Khushrenada on February 16, 2009, 08:50:45 PM
Did anyone here know that the soundtrack supposedly rips off the beatles? This is the first time I've ever heard. I honestly think that if they had released this game, no one would ever have known.
It's a shame. I've bought nothing on the virtual console. The one game I was hoping for was Earthbound. I thought for sure it would get released. Looks like I may have to EBay after all.
It explains the delay. I've been wondering why the game has never shown up on after the ESRB rating so long ago. Now that I can't buy Earthbound on the VC, how am I going to get Mother 3 to get released here? Nintendo keeps foiling all schemes to get these games released.
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: NWR_insanolord on February 17, 2009, 12:02:25 AM
Since when is Nintendo's legal department afraid of a challenge?
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: stevey on February 17, 2009, 12:15:19 AM
It all bill's fault, now that he's gone NOA doesn't care about it's fans....
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: TofuFury on February 17, 2009, 01:48:15 AM
That's a real shame. More people need to be able to play this without emulators or paying tons of money off of ebay.
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: EasyCure on February 17, 2009, 01:53:53 PM
I've known the producers were fans of the Beatles and thats why there's so many little references in the game, my favorite being the submarine with the "purley coincidental" yellow color, but i've never heard anything about the soundtrack using samples.. It would explain why its one of the best soundtracks EVER created for a game, but until i see some proof i'm not gonna believe it.
That's a real shame. More people need to be able to play this without emulators or paying tons of money off of ebay.
And this too. Good thing i still have my copy<33 even if vudu broke it! lol
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: Deguello on February 17, 2009, 02:08:48 PM
With the merging and convergence of all media these days, testy issues like copyright infringement become more hazy despite the wealth of information.
Earthbound has several allusions to things in classic rock at the time. While no music is directly referenced, there are several sequences in the game that are clearly inspired by such music, for instance when the Sky Runner flies through the air, the music is very reminiscent of The Who's "Don't' get fooled again" which can be enjoyed every monday on CBS as the title theme to CSI Miami.
Moonside's theme actually contains a sample of a song called "Keep on Laughin'" by Ric Ocasek. This was way before the sticky mess that was sampling in the mid 90's. The song that plays in the Café actually has both the Star Spangled Banner and the Theme Song from The Little Rascals in it, and while the American Anthem is OK to use, The Little Rascals is a little sticky. The Naming Screen actually has a small bit of Monty Python's Flying Circus in it.
There are also direct references to the Beatles in the form of a yellow submarine in Dungeon Man, and there is a set of default names that have all the Beatles in it including Yoko for Paula.
Most of this stuff is nonenforceable because they did not enforce it then, but that only applies to the SNES game. VC would be a new venture and now that everybody is tipped off to the samples, they'd jump on it like hawks. Law is tricky, and Earthbound is a casualty of it, unfortunately.
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: vudu on February 17, 2009, 02:20:56 PM
Earthbound has several allusions to things in classic rock at the time. While no music is directly referenced, there are several sequences in the game that are clearly inspired by such music, for instance when the Sky Runner flies through the air, the music is very reminiscent of The Who's "Don't' get fooled again" which can be enjoyed every monday on CBS as the title theme to CSI Miami.
That one's a pretty big stretch, in my opinion.
Quote
The Naming Screen actually has a small bit of Monty Python's Flying Circus in it.
That's "The Liberty Bell" by Sousa. It's in the public domain, which is largely why it was used in Monty Python's Flying Circus.
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: Deguello on February 17, 2009, 03:46:48 PM
Well, like I said, It's not whether my opinion matters. It's whether it can be successfully argued in court. And once that monster is loose, considering Nintendo's popularity with customers, gamers, and the general populace, and their UNpopularity with hardcore, blog-running, astroturf, corporatized games media, you can bet this would get a lot of play for a long time.
Unfortunately, the right decision is simply to avoid all that mess by either altering the game, which NCL won't, which is a respectable position that would place art over corporatism (for those keeping score on that, and you know who I'm talking about), or just not releasing it all, which NOA will, which is also a respectable position, because, despite being a big time fan of them, I don't expect nor do I demand that they get embroiled in a lawsuit battle just so I can get a digital copy of a game I already own.
Mother 3, on the other hand, I would like to see, and I hope it doesn't have these issues.
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: Stogi on February 17, 2009, 03:57:27 PM
So I've never played any of the Mother games. Are they really that great? I mean, it's an rpg correct? How is it any better than some of the classics?
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: KDR_11k on February 17, 2009, 04:35:48 PM
Isn't there something like compulsory licensing for song covers?
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: Mop it up on February 17, 2009, 08:09:13 PM
So I've never played any of the Mother games. Are they really that great? I mean, it's an rpg correct? How is it any better than some of the classics?
In terms of gameplay, it isn't different than other RPGs; in fact, its battle system pretty much copies that of the original Dragon Warrior games for the NES. However, its cast of wacky characters and weird, off-the-wall enemies make it sort of feel like a parody of RPGs. Of course, with all of the Mario RPGs that have been released, this may not sound like anything special, but Earthbound is the original goofy/parody RPG.
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: Peachylala on February 17, 2009, 10:07:18 PM
Quote
Mother 3, on the other hand, I would like to see, and I hope it doesn't have these issues.
As far as I can tell, all it needs is a DS remake. Add Starmen.net fans bitching alot and NoA might cave in.
Might.
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: Khushrenada on February 18, 2009, 01:33:12 AM
The setting is one of the biggest differences. It's set in a modern day world instead of steampunk or some future technocracy. Instead of spell-casting, it's ESP. And instead of swords and spears, they use baseball bats and yo-yo's and bottle rockets and kung-fu. And it deals with aliens instead of magic crystals or ancient demons or things of that nature. Plus, it is played more for laughs than to be a serious drama.
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: EasyCure on February 18, 2009, 12:56:26 PM
ok so i tried comparing some of the songs in the game to the Beatles sonfs theeyre supposed to sample and i dont hear anything blatant there.
i didnt get to check all the songs since theres some Beatles tunes i have, but for the ones i did hear i really dont find anything similar, just similar enough bbut only if you were looking for it. I read that the Cave Of The Past is supposed to sample All You Need Is Love and comparing the two you only hear 3 notes that sound similar. i dont see the big deal there, its not like Vanilla Ice saying his song and Bowie/Queens Under Pressure "are just not the same"
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: Peachylala on February 18, 2009, 01:49:27 PM
Quote from: Khushrenada
The setting is one of the biggest differences. It's set in a modern day world instead of steampunk or some future technocracy. Instead of spell-casting, it's ESP. And instead of swords and spears, they use baseball bats and yo-yo's and bottle rockets and kung-fu. And it deals with aliens instead of magic crystals or ancient demons or things of that nature. Plus, it is played more for laughs than to be a serious drama.
Pray thee that RPG fans can accept wackiness instead of Tetsuya Nomura crap.
I love Mother 3 for what it is. Wacky, touching and not afraid to be different.
People seriously need to play it more. yes piracy sucks but just play it dammit
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: vudu on February 18, 2009, 03:02:00 PM
ok so i tried comparing some of the songs in the game to the Beatles sonfs theeyre supposed to sample and i dont hear anything blatant there.
This article (http://earthboundcentral.com/2009/02/earthbound-legal-issues/) has some really good information including audio samples of a lot of the Earthbound songs as well the as the original tracks.
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: UltimatePartyBear on February 18, 2009, 03:27:12 PM
So, if I understand this right, NOA is refusing to release the game on the VC because they think they'll get sued, and NCL is refusing to change the music either because of artistic integrity or, more likely, because it's a huge pain in the butt that isn't worth it. Have they really not considered the obvious third option of negotiating a deal with the people they think have a reason to sue?
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: vudu on February 18, 2009, 03:42:38 PM
The article I linked to addressed this.
Quote
Can’t NOA just license the music?
I really, really doubt this will happen. It’s a big hassle: rights holders vary from region to region and ownership can change hands often, sometimes there are multiple rights holders too. The costs would also probably outweigh the benefit for Nintendo, and then what if someone says no? Then they’re stuck in the same situation as now, or maybe even worse off. I work in the game and anime localization industry and licensing issues come up all the time, and it is NOT pretty. And very often, things just don’t work out. So my gut feeling says that there is a .0001% chance of this happening.
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: Flames_of_chaos on February 18, 2009, 03:56:47 PM
Here's an interesting article http://earthboundcentral.com/2009/02/earthbound-legal-issues/
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: UltimatePartyBear on February 18, 2009, 04:41:58 PM
Quote
I really, really doubt this will happen. It’s a big hassle: rights holders vary from region to region and ownership can change hands often, sometimes there are multiple rights holders too. The costs would also probably outweigh the benefit for Nintendo, and then what if someone says no?
Haven't they seen Back to the Future? If you put your mind to it, you can accomplish anything. If Marty's dad could get a publishing deal for a book that includes a Vulcan named Darth Vader, why can't Nintendo work out a deal with a ghoulish fallen pop star?
Quote
So my gut feeling says that there is a .0001% chance of this happening.
Yeah, that's a pretty slim chance. You know what plan has an even smaller chance of success, though? WHAT THEY'RE DOING NOW, i.e. NOTHING.
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: Ian Sane on February 18, 2009, 04:49:48 PM
Quote
If Marty's dad could get a publishing deal for a book that includes a Vulcan named Darth Vader
Marty's dad quite clearly was able to copyright Vulcans and Darth Vader before both Star Trek and Star Wars existed. We got the idea ten years before Star Trek debuted. ;)
Couldn't Nintendo pass Earthbound as a parody? It's like a parody of Western culture from the perspective of the Japanese, right?
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: EasyCure on February 18, 2009, 08:07:50 PM
LOL Flames fails
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: Stogi on February 18, 2009, 08:19:22 PM
Wait.....Earthbound samples the Beatles...is that true?
Damn,, that's pretty fucking cool.
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: Spak-Spang on February 20, 2009, 09:26:17 AM
This makes me sad, because I was just watching a review calling this one of the best RPGs created...and I actually wanted to play it and I hate RPGs.
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: Jonnyboy117 on February 20, 2009, 05:02:38 PM
Considering that EB is a parody of gaming, RPGs, and American culture, it seems like Nintendo could just argue that the music is just a parody of all those copyrighted works. Let us not forget that Nintendo is probably one of the most legally successful corporations in modern history. I'm trying to think of a single case they lost or even settled...
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: Mop it up on February 20, 2009, 05:29:07 PM
What about when Hotel Mario and the three Zelda games appeared on the 3DO? Wasn't that due to a legal battle that Nintendo lost? Although I'd say the real losers were anyone who bought those games...
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: GoldenPhoenix on February 20, 2009, 05:31:54 PM
What about when Hotel Mario and the three Zelda games appeared on the 3DO? Wasn't that due to a legal battle that Nintendo lost? Although I'd say the real losers were anyone who bought those games...
Don't insult 3DO by putting it in the same category as phillips CD-i :P. I thought that was because Nintendo had an agreement with them.
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: Khushrenada on February 20, 2009, 05:35:07 PM
Considering that EB is a parody of gaming, RPGs, and American culture, it seems like Nintendo could just argue that the music is just a parody of all those copyrighted works. Let us not forget that Nintendo is probably one of the most legally successful corporations in modern history. I'm trying to think of a single case they lost or even settled...
They lost to the US Government when they were accused of price fixing. But to make it up, they sent out some kind of $5.00 off coupons on the purchase of a future game. Thus, they lost nothing. But technically, they did lose to the government. It was the book "Game Over". That's the only thing I can think of but there's a niggling feeling that there was one other case they lost. Still, they definitely have a strong precedent in winning legal cases.
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: Mop it up on February 20, 2009, 05:36:27 PM
Oh right, CD-i. I always get those two mixed up since they were both CD-based systems which came out around the same time, failed miserably, and are practically unknown in this day and age.
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: GoldenPhoenix on February 20, 2009, 05:42:18 PM
Oh right, CD-i. I always get those two mixed up since they were both CD-based systems which came out around the same time, failed miserably, and are practically unknown in this day and age.
You are being quite mean to 3DO, you should apologize.
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: Mop it up on February 20, 2009, 05:47:53 PM
Why? Did I say something that wasn't true?
Title: Re: Looks like Earthbound won't be hitting Virtual Console
Post by: GoldenPhoenix on February 20, 2009, 05:54:38 PM
