829d ago @DrJones3h ago How do Nintendo allow this? Well it's like this: Microsoft made the UWP app program, and independent developers are the one's making them, just like Google Playstore. The problem is Nintendo will most Likely send a cease & desist order to have Microsoft remove it.reason being is unlike Google's Playstore.Google does not have a dedicated game console in a market directly competing against the very companies that Microsoft's allowing these Emulation programs to be distribution on. It is one thing to see Emulation programs being released on PC & Smartphone platforms since in a round about way, one could make the case that those platforms are not directly in the same game console market as game console's. On the other hand the Xbox one is directly in the very same market as Nintendo game consoles are.so it most Likely will not be long before Nintendo sends it's lawyers to draft up a cease & Desist letter notifying Microsoft to remove such an emulator off the Xbox one platform on the online store, and since this is the 2nd time this has happened. I would wager that cease & Disist is not the only thing Nintendo is having the lawyers drafting up.and if it would go to court. Nintendo would in all likelihood win.
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829d ago (Edited 829d ago ) @joeorc Wrong! The is case law that prevents Nintendo for desist order. First, one would have to ignore the simple fact if this were a copyright or trademark issue that Nintendo has not taken legal action against Google's multitude of emulators. Not being continuously active to protect your trademarks or copyrights the courts have continuously said owners loose those rights by previous inaction. The fact that due diligence in legal protection has not been done for other Nintendo emulators means there is little they can really do to enforce that end.
But, this is not about trademark or copyright. System emulation, like this application does, has been found to be legal in multiple court cases. In fact it was several cases that Sony lost that were the founding's of much of this legal precedence for allowing this type of emulation. Connectix and Sony v. Bleem are the two primary cases often cited for the legal protection of these emulators. Actually in Bleem the court found even though Bleem had in part violated in part some copyright it was OK to do so. At least in the US it is not illegal to use a ROM you own in a file format (backup) that these emulators read.
'FAIR USE' case law. Well, sort of not illegal. There are some caveats to backing up ROMs. What would be illegal is to use a ROM for game you don't own or try to sell a ROM file. By the way owning a ROM means you actually have it still in your possession. If you lost or threw out the cartridge you once had you don't have the legal right to say you still own the ROM.
You must actually (still) possess the actual cartridge you have made a backup of in order to use the file format of the ROM with an emulator like this one. What protection Nintendo and others have is actually not emulating the system but, stealing the idea/look of a game. Say a game comes out called Donkey Wong. It looks like and plays exactly like Donkey Kong.
Well that would be illegal in almost every place that has some assemblance of true trademark and copyright protection. Other that that and Microsoft being nice to Nintendo there is little they can do legally.
828d ago @shiva Sigh, legal troubles are still trouble, since MS is making consoles and Nintendo is too they are business rivals, you really think it would be a good idea for a company to allow emulators to be sold for a rival's console? That is a huge shit storm MS would be getting if they wouldn't pull this emulator. And yes, it really doesn't matter for which platform this emulator was, Sony or MS, it is a bad idea to allow it, it's also a bad idea for Nintendo to allow a PlayStation or Xbox emulator on their consoles. And as for your silly remark about Nintendo being ready for acquisition, please, they have plenty of money, they don't need to merge. Ohh, and BTW, people downvoted the crap out of my comment above, but lookie here: It has been pulled, big surprise!
829d ago (Edited 829d ago ) @TheUndertaker853h ago Playing ROMs is by no means illegal. It is literally no different than playing a burned CD. If you own the original or have proof of purchase the content is yours.
And if you own that game, it's licence only applys to the Nintendo 64.that's the Problem! Even if you purchase a game, it does not give you the right to play such a ROM on any thing but the platform it was created for.that's why when you are doing this, the PC is in 'Emulation' It's not the original or a certified platform.this is why companies such as Nintendo & Sony do not have any real love for Microsoft. What this does is in effect make the what was supposed to be Exclusive to a platform Nintendo or Sony makes non exclusive! Not by choice of the companies making their own platform form they are trying to sell in a market.but the rights and privileges of the copy right holder.
It's Ant-competitive behavior is exactly why there is such distrust of Microsoft's going well into a market like the game console market. Nintendo was recently trying to sell a classic remade game system, what happens? Microsoft gets a Emulation program for the Xbox one so as to be able to play those very same games by ROM playback.and now you see this.pretty soon you are going to see a PS1 & PS2 Emulation program released also. It's this Ant-competitive behavior that makes for less competition, not more.just like in the PC market for Operating systems when it comes to games by big publishers.just take a look at Steam what is the majority of games released for which Operating systems? Or just the majority Windows OS?
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If Nintendo & Sony wanted to make their games for PC they would be no reason to make game consoles, because Microsoft's OS is the leading PC Operating system, and thus there would be no real competition. People say the PC platform is an Open platform for gaming.I mean really is it open? Without Windows OS how is there any real gaming on Linux or Mac vs Windows OS. And it seems gamers want this market to end up the same way? The game console market was set to define itself separate from.the PC market, what did Microsoft do? Bring The PC market to the game console market in changing the narrative to that of 1st game console market no longer has generation's, 2nd use UWP to allow such things like Emulation programs exactly like the PC market.
'What your Exclusives?well they are really our Exclusives also ' And finally things like this: Microsoft Doesn’t Want You To Install Linux On Its “Signature PCs” (Update) Embrace, Extend, and eventually try to Extinguish Competition. That is Microsoft's Modus Operandi. In the console market do you see Nintendo or Sony making any Emulation programs to allow their consoles to emulate the other rivals IP's? That should tell you something! 829d ago (Edited 829d ago ) Theres one big problem with your story= Microsoft did not create this emulator, just as they did not create the same emulators on pc. NO this is just happening because Xbox One is now tied to Win10 OS, giving it ability to do so should someone wants to exploit it.
People always find exploits, that's not necessarily Microsofts problem until Nintendo objects.surely if Nintendo doesn’t like it they will notify Microsoft. Microsoft will either take it down on their own or if requested, problem solved for Nintendo. 'do you see Nintendo or Sony making any Emulation programs to allow their consoles to emulate the other rivals IP's?'
-Again all Microsoft has done was add Win 10 functionality to their platform, but the what you're saying doesn’t make sense because neither Nintendo or Sony own a OS brand to be added to their platform. Still you act like Microsoft has been stealing their AAA games for years now just because somebody made a emulator/exploit to play 25yr old Nintendo games, lol.
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