ROM-hack coding might not be illegal after all

[Schala Zeal]

http://gizmodo.com/5901263/court-rules-it-is-impossible-to-steal-computer-code

So modifying source code for computer programs does not constitute stealing. I believe, therefore, ROM hacks, in turn, should be excluded as well, because it still is programmer code, just not easily readable. Technically, the same argument applies for ROM hacks because, by hacking a ROM copy, you are not depriving Square Enix of its use.

[Lennis]

Interesting.  But this in no way will be the end of the legal wrangling over what constitutes "property".  The law has not evolved with the times.  The law still looks at property as something that can be physically taken or transferred.  Changing that legal interpretation is an issue that will land in the Supreme Court's lap very soon.  They have to address it at some point.  I wouldn't count on the status-quo holding up for much longer.

[jamesexia]

Interesting... Maybe one of these days, if the Supreme Court decides that fan games like Crimson Echoes are perfectly legal, maybe the team that made it can finally present their work without threats of lawsuits. On a similar note, what's up with Nintendo not going after Mother fans for re-translating the games into English? Is it because that series hasn't been released over here (I know Earthbound was, I meant the first and third games in the series)? And do you think they may go after the group that is supposedly making a FOURTH game, because I think there's a line between re-translating and make your own game in a established series right now. Just thought I'd toss those out there, sorry.

[tripehound]

On a similar note, what's up with Nintendo not going after Mother fans for re-translating the games into English? Is it because that series hasn't been released over here...?

It's likely because such works aren't seen as a threat to Nintendo's profits. So long as it doesn't seem like the translators & modders are trying to steal the market from them, Nintendo won't have the motivation to take legal action. If anything, they likely see such works as free advertising; a way to generate interest in their products.

[Acacia Sgt]

On a similar note, what's up with Nintendo not going after Mother fans for re-translating the games into English? Is it because that series hasn't been released over here...?

It's likely because such works aren't seen as a threat to Nintendo's profits. So long as it doesn't seem like the translators & modders are trying to steal the market from them, Nintendo won't have the motivation to take legal action. If anything, they likely see such works as free advertising; a way to generate interest in their products.

Don't know if this is THE reason, but the creator of the Mother series, Shisegato Itoi, was among the ones looking forward to the translation project.

But I don't know if that alone turned it untouchable to a C&D and the like.

[Schala Zeal]

http://www.ted.com/talks/drew_curtis_how_i_beat_a_patent_troll.html

Would be awesome if Zeality pwned Square like Curtis pwned these guys.