Tengen was NOT sued for patent violations, it was all because they took the source code for the CIC from the copyright office. Patents are public information, not possible to steal. You can still read the CIC patent at http://www.google.com/patents?id=81EWAAAAEBAJ&dq=4799635 but it isn't detailed enough to crack the chip. The Ciclone was reverse engineered in a clean room environment using no Nintendo docs, so it is completely legal. Even with the DMCA this is legal under the interoperability conditions. Utility patents from that era expire 20 years after the date of filing, so the CIC patent expired in Dec 2005 anyways. NES clones are also now completely legal, with parts like the PPU patent at http://www.google.com/patents?vid=USPAT4824106 expiring in Feb 2007.
Design patents, like those on the NES cart shape, expire 14 years from the date of issue, so those have also all expired too.
Patents do NOT expire if you don't defend them, that only applies to trademarks. Trademarks last forever as long as they are used and defended. There are some rules for expiration when they go unused for many years, but Nintendo has continually used their trademarks like NES. Doesn't mean using those is illegal, just that certain uses are. I cannot make a system called NES, but I can say my games are NES games or run on the NES.
Other than the obviously illegal NWC and Airball, there are no copyrights in use here. Copyrights are automatic (you do not have to apply like for patents and trademarks) and last different lengths depending on the country. Most have standardized on 70 years after first publication or 90 years after the death of the author, which ever comes first. That means in 2060 the NWC copyright will expire and producing those repros will be completely legal. The copyright has absolutely no requirements for use, meaning even if the game was never released or never sold the copyright is still owned by someone. Airball is illegal even though the copyright owner is not known because it certainly hasn't been 70/90 years.
Basically for homebrew that doesn't use trademarks, there is absolutely nothing left that Nintendo owns. Even if the patents were still in affect there is nothing illegal about making games which is why Color Dreams won when Nintendo sued them in 1990.
My god, why people, why? So no one answered my question, thanks about the legal stuff, I was just curious because it's something I've never looked into. So is this your ONLY job and livlihood?
Other than doing random small stuff like a website for my moms friend (go buy something at http://www.blockbusterplots.com !) this is my one and only job, has been for over 4 years now. Was already covered back in the Airball thread. There's no possible way to have this much time to develop new products without completely ignoring the wifey
Other than doing random small stuff like a website for my moms friend (go buy something at http://www.blockbusterplots.com !) this is my one and only job, has been for over 4 years now. Was already covered back in the Airball thread. There's no possible way to have this much time to develop new products without completely ignoring the wifey
Damnit... got sniped by all 4 of you NA bastards! Oh well... I was winning the entire time and went to bed with 40 minutes left to go and got passed by 6 of you... LOL! Hopefully Brian's wife picks one of my posts... I'd bribe her with $250 to pick one of my posts!
Thanks for the clarification on Tengen, I thought they had reverse engineered it, as well, as opposed to copying it directly from proprietary information.
And congrats on your very successful auction! Unlike the pinkos bitching about you doing this for a living, I'm happy to see the free market do its thing and reward novelty and innovation.
Well buns, I must apologize then. Knowing that, I have to say that I don't blame you for making some extra money off of it, I was under the assumption that you were just a punk making some extra cash off the scene, because I remember the day when everyone used to complain about you jacking controllers and such. Again, I have no problem with this, I think it's awesome to have homebrews being released, so I apologize for pissing on you. Just don't turn into a bitch like so many other members have over the years!
all you bitches better rekognize! stan the man means war!!! haha, congrats on the winners of the cool-ass light up game. went way too rich for my blood!
Congrats to Speedy_NES who was lucky post number 74 of 75! Yes my wife did pick a high number like you hoped! Details on how to get your cart coming soon...
Congrats to Speedy_NES who was lucky post number 74 of 75! Yes my wife did pick a high number like you hoped! Details on how to get your cart coming soon...
Tengen was NOT sued for patent violations, it was all because they took the source code for the CIC from the copyright office. Patents are public information, not possible to steal. You can still read the CIC patent at http://www.google.com/patents?id=81EWAAAAEBAJ&dq=4799635 but it isn't detailed enough to crack the chip. The Ciclone was reverse engineered in a clean room environment using no Nintendo docs, so it is completely legal. Even with the DMCA this is legal under the interoperability conditions. Utility patents from that era expire 20 years after the date of filing, so the CIC patent expired in Dec 2005 anyways. NES clones are also now completely legal, with parts like the PPU patent at http://www.google.com/patents?vid=USPAT4824106 expiring in Feb 2007.
Design patents, like those on the NES cart shape, expire 14 years from the date of issue, so those have also all expired too.
Patents do NOT expire if you don't defend them, that only applies to trademarks. Trademarks last forever as long as they are used and defended. There are some rules for expiration when they go unused for many years, but Nintendo has continually used their trademarks like NES. Doesn't mean using those is illegal, just that certain uses are. I cannot make a system called NES, but I can say my games are NES games or run on the NES.
Other than the obviously illegal NWC and Airball, there are no copyrights in use here. Copyrights are automatic (you do not have to apply like for patents and trademarks) and last different lengths depending on the country. Most have standardized on 70 years after first publication or 90 years after the death of the author, which ever comes first. That means in 2060 the NWC copyright will expire and producing those repros will be completely legal. The copyright has absolutely no requirements for use, meaning even if the game was never released or never sold the copyright is still owned by someone. Airball is illegal even though the copyright owner is not known because it certainly hasn't been 70/90 years.
Basically for homebrew that doesn't use trademarks, there is absolutely nothing left that Nintendo owns. Even if the patents were still in affect there is nothing illegal about making games which is why Color Dreams won when Nintendo sued them in 1990.
Thanks guys, wow is all I can say really...it's definitely the last thing I expected this weekend...awesome surprise!! Maybe I should make 74 my new lucky number
Thanks a ton Brian for giving us the chance to win one of these without spending the big bucks!! You can count on it that it will receive a nice place in my collection!!
Comments
Tengen was NOT sued for patent violations, it was all because they took the source code for the CIC from the copyright office. Patents are public information, not possible to steal. You can still read the CIC patent at http://www.google.com/patents?id=81EWAAAAEBAJ&dq=4799635 but it isn't detailed enough to crack the chip. The Ciclone was reverse engineered in a clean room environment using no Nintendo docs, so it is completely legal. Even with the DMCA this is legal under the interoperability conditions. Utility patents from that era expire 20 years after the date of filing, so the CIC patent expired in Dec 2005 anyways. NES clones are also now completely legal, with parts like the PPU patent at http://www.google.com/patents?vid=USPAT4824106 expiring in Feb 2007.
Design patents, like those on the NES cart shape, expire 14 years from the date of issue, so those have also all expired too.
Patents do NOT expire if you don't defend them, that only applies to trademarks. Trademarks last forever as long as they are used and defended. There are some rules for expiration when they go unused for many years, but Nintendo has continually used their trademarks like NES. Doesn't mean using those is illegal, just that certain uses are. I cannot make a system called NES, but I can say my games are NES games or run on the NES.
Other than the obviously illegal NWC and Airball, there are no copyrights in use here. Copyrights are automatic (you do not have to apply like for patents and trademarks) and last different lengths depending on the country. Most have standardized on 70 years after first publication or 90 years after the death of the author, which ever comes first. That means in 2060 the NWC copyright will expire and producing those repros will be completely legal. The copyright has absolutely no requirements for use, meaning even if the game was never released or never sold the copyright is still owned by someone. Airball is illegal even though the copyright owner is not known because it certainly hasn't been 70/90 years.
Basically for homebrew that doesn't use trademarks, there is absolutely nothing left that Nintendo owns. Even if the patents were still in affect there is nothing illegal about making games which is why Color Dreams won when Nintendo sued them in 1990.
(cries while stairing at the new 360 elite that will only go down in value instead of a LE Glider cart that will hold its value)
brians wife was sleeping when the auction ended so it should happen today
Other than doing random small stuff like a website for my moms friend (go buy something at http://www.blockbusterplots.com !) this is my one and only job, has been for over 4 years now. Was already covered back in the Airball thread. There's no possible way to have this much time to develop new products without completely ignoring the wifey
Damn, Martha!! You go, girl!!!
Of course I should also add that only one post her per person will be used, so the actual post number here won't matter. Like this post won't count...
Of course I should also add that only one post her per person will be used, so the actual post number here won't matter. Like this post won't count...
i know
Thanks for the clarification on Tengen, I thought they had reverse engineered it, as well, as opposed to copying it directly from proprietary information.
And congrats on your very successful auction! Unlike the pinkos bitching about you doing this for a living, I'm happy to see the free market do its thing and reward novelty and innovation.
Congrats to Speedy_NES who was lucky post number 74 of 75! Yes my wife did pick a high number like you hoped! Details on how to get your cart coming soon...
Awesome! Congrats man
I really need to do a legal ezine article
Tengen was NOT sued for patent violations, it was all because they took the source code for the CIC from the copyright office. Patents are public information, not possible to steal. You can still read the CIC patent at http://www.google.com/patents?id=81EWAAAAEBAJ&dq=4799635 but it isn't detailed enough to crack the chip. The Ciclone was reverse engineered in a clean room environment using no Nintendo docs, so it is completely legal. Even with the DMCA this is legal under the interoperability conditions. Utility patents from that era expire 20 years after the date of filing, so the CIC patent expired in Dec 2005 anyways. NES clones are also now completely legal, with parts like the PPU patent at http://www.google.com/patents?vid=USPAT4824106 expiring in Feb 2007.
Design patents, like those on the NES cart shape, expire 14 years from the date of issue, so those have also all expired too.
Patents do NOT expire if you don't defend them, that only applies to trademarks. Trademarks last forever as long as they are used and defended. There are some rules for expiration when they go unused for many years, but Nintendo has continually used their trademarks like NES. Doesn't mean using those is illegal, just that certain uses are. I cannot make a system called NES, but I can say my games are NES games or run on the NES.
Other than the obviously illegal NWC and Airball, there are no copyrights in use here. Copyrights are automatic (you do not have to apply like for patents and trademarks) and last different lengths depending on the country. Most have standardized on 70 years after first publication or 90 years after the death of the author, which ever comes first. That means in 2060 the NWC copyright will expire and producing those repros will be completely legal. The copyright has absolutely no requirements for use, meaning even if the game was never released or never sold the copyright is still owned by someone. Airball is illegal even though the copyright owner is not known because it certainly hasn't been 70/90 years.
Basically for homebrew that doesn't use trademarks, there is absolutely nothing left that Nintendo owns. Even if the patents were still in affect there is nothing illegal about making games which is why Color Dreams won when Nintendo sued them in 1990.
Thanks a ton Brian for giving us the chance to win one of these without spending the big bucks!! You can count on it that it will receive a nice place in my collection!!