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Nach
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Post by Nach »

funkyass wrote:
Nach wrote:Nintendo's site there unforunetly doesn't portray the real legalties of the situation in the US or any other country. See the legal documents on Console Classix for more info.
not really...
(b) Lease, Sale, or Other Transfer of Additional Copy or Adaptation.
- Any exact copies prepared in accordance with the provisions of this
section may be leased, sold, or otherwise transferred, along with the
copy from which such copies were prepared
, only as part of the lease,
sale, or other transfer of all rights in the program. Adaptations so
prepared may be transferred only with the authorization of the copyright owner.
unless CC offers you the chance to own the orginal cart, its really not that legal.
I have no idea what you're quoting but read this: http://www.consoleclassix.com/legal.php
And be sure to read the two links at the bottom. If Nintendo saw any further claims after CC's response, they would have sent them a second message.
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funkyass
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Post by funkyass »

im quoting this: http://www.consoleclassix.com/section117.php

You actually might want to actually check the parts of the US coded cited by NOA's letter.

consoleclassix is still up because its not really worth nintendo's time to deal wtih, not because they think themselves legal.
byuu

Post by byuu »

I agree with funkyass. Nintendo probably thought it wasn't worth the negative publicity and time to sue a site that's probably not making much money at all (who pays to rent ROM images?), and they didn't want to risk the precedent that would be set if CC actually won a legal fight against them. Hundreds of sites like this would/could soon pop up. There's a certain ROM site that's associated with a sweet fruit related to strawberries which has avoided the legal hand of Nintendo for a long time, as well. There are multiple overlooked games there that are copyrighted by Nintendo and available for download.
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Post by snkcube »

byuusan wrote:I agree with funkyass. Nintendo probably thought it wasn't worth the negative publicity and time to sue a site that's probably not making much money at all (who pays to rent ROM images?), and they didn't want to risk the precedent that would be set if CC actually won a legal fight against them. Hundreds of sites like this would/could soon pop up. There's a certain ROM site that's associated with a sweet fruit related to strawberries which has avoided the legal hand of Nintendo for a long time, as well. There are multiple overlooked games there that are copyrighted by Nintendo and available for download.
What you said is pretty true.
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Post by Tsu »

Awesome job Nach, I wish I was that good with codes and programming and all that jazz...
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anomie
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Post by anomie »

funkyass wrote:
(b) Lease, Sale, or Other Transfer of Additional Copy or Adaptation.
- Any exact copies prepared in accordance with the provisions of this
section may be leased, sold, or otherwise transferred, along with the
copy from which such copies were prepared
, only as part of the lease,
sale, or other transfer of all rights in the program. Adaptations so
prepared may be transferred only with the authorization of the copyright owner.
unless CC offers you the chance to own the orginal cart, its really not that legal.
They don't have to give you the chance to _own_ the original cart, just to _lease_ the original cart along with the lease of the copy. The "exact copy" clause applies, not the "adaptations" clause.

Perhaps the legality is that when you rent a game from CC, you're renting the original cart and all copies they have made. The terms of the rental agreement are such that you must maintain the connection to the server to maintain your rental, when said connection is closed your rental immediately is terminated (and you must return posession of the original cart and return/destroy all copies). Note that the physical cart doesn't have to change position through all of this, only 'ownership'.
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