• misk@sopuli.xyz
        link
        fedilink
        English
        arrow-up
        3
        arrow-down
        1
        ·
        1 day ago

        Those are entirely legal while the article implies there is some legal gray area involved.

        I know it’s cool to dunk on Nintendo and sometimes it’s an actual moral obligation but I prefer not to lose sight of facts. There’s lots of bad PR against Nintendo lately, mostly based on unverified claims of anonymous people. It gets tiring that journalists mediaworkers care only about clicks.

        • Ulrich@feddit.org
          link
          fedilink
          English
          arrow-up
          4
          ·
          1 day ago

          Yes, I’m saying some games are entirely legal while others may entirely illegal, leaving the game collection as a whole “not entirely legal”.

    • hisao@ani.social
      link
      fedilink
      English
      arrow-up
      13
      arrow-down
      2
      ·
      edit-2
      1 day ago

      I think a lot of abandonware is legal? Devices like this usually support few dozens old consoles, which you can’t even buy, and you can’t buy games for them. Stuff like commodore64, old nintendo, etc. And you upload stuff there via USB usually. So the problem I guess is to see where the line draws, because some of those ancient games are legal to pirate now while others are still illegal because their right holder is still in business even though they effectively are abandoned and impossible to buy.

      • brot@feddit.org
        link
        fedilink
        English
        arrow-up
        2
        ·
        15 hours ago

        We’re talking about devices like the R36S, which come with an SD-Card with the full NES, SNES and MegaDrive library and several hundreds of MAME games, N64, PS1, PSP and so on. Those things are really incredible - they cost almost nothing (like 35€) and give you a really crazy value for your money. Buy them before authorities catch up, but yeah, there is nothing legal about them and many games that come with them are not abandoned.

      • SpikesOtherDog@ani.social
        link
        fedilink
        English
        arrow-up
        25
        ·
        1 day ago

        The legality of abandonware is disputed. Traditionally, even if the IP is unavailable, it doesn’t make it legal to distribute. Copyright law is also defined jurisdictionaly. I’m not defending copyright, but it is important to understand risks when accessing this.

        Now, in the States, I didn’t believe receiving or even playing this game system would be illegal, but people have been jailed for making and distributing such devices. Our corporate overlords also have no qualms about squelching content based on perceived copyright violations.

        This influencer is in Italy, and the laws seem to be heavily against owning such system.

        • deltapi@lemmy.world
          link
          fedilink
          English
          arrow-up
          5
          ·
          1 day ago

          My understanding is that some people think abandonware is legal because you can’t be sued in the US by someone who doesn’t have legal standing in regards to the issue. If the owners don’t exist or don’t care, there’s nobody to do enforcement.

          It’s still in violation of copyright law so long as the copyright hasn’t expired, but if nobody can come after you, then the law will not be enforced.

          • SpikesOtherDog@ani.social
            link
            fedilink
            English
            arrow-up
            3
            ·
            1 day ago

            Well, I agree that if nobody owns the IP then there is literally no harm no foul.

            Again, not that I’m here advocating for the rights of the poor IP holders, but it would be important to determine if there is an owner to property to call it abandonware.

            Unfortunately, Nintendo diligently patrols their interest in this matter. I believe they hold titles until they determine they can generate revenue. Part of it is trying not to saturate the market so they can continue making money off new games. Some of it is possibly due to the willingness and availability of partners.

            • deltapi@lemmy.world
              link
              fedilink
              English
              arrow-up
              1
              ·
              1 day ago

              Yeah, there’s no question that when it comes to Nintendo there is none of their IP that is now abandonware

      • misk@sopuli.xyz
        link
        fedilink
        English
        arrow-up
        1
        ·
        1 day ago

        Those are good reasons when considering ethics of piracy in general but not legality. For me ethics angle is thrown out of the window the moment profit is involved however and I’m pretty sure that guy was doing videos for ad money.