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Unlicensed games and DMCA


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#1 RainbowSix

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Posted 25 August 2010 - 01:57 PM

The Nintendo NES was the first game console to have an authentication unit, yet there were a large number of unlicensed games made by Tengen, Color Dreams, and others. I don't own any, but I know others who do. I'm rather concerned though; of course it is now illegal to produce any unlicensed games (because of the DMCA) but is it illegal to own any such games from Pre-DMCA days? Should I tell people who have them to throw them away?

Edited by RainbowSix, 25 August 2010 - 02:04 PM.

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#2 Barajiqal

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Posted 25 August 2010 - 02:39 PM

I believe that anything before the DMCA should be grandfathered in. That is usually the case with laws that go into effect after the fact I just watched a special on knockoff nintendo games it seems they are quite the collectors items so no, I wouldnt tell anyone to get rid of them I guess. But, im no expert on copyright laws either.
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#3 Andrew

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Posted 25 August 2010 - 09:40 PM

I am not a lawyer, but it would seem to me that anything that was done prior to the passing of the DMCA would not be covered by it at all (ex post facto laws are unconstitutional)

#4 the_patriot11

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Posted 26 August 2010 - 12:08 AM

even if it is "illegal" which I doubt it is, I really really doubt anyones going to hunt you down and arrest you over an old, outdated, unlicensed nintendo game. heck, the prosecutor would likely get laughed out of court. . . Of course, we do live in a country that does all kinds of wacky laws. . . (like its illegal to carry a ice cream bar in your back pocket in the state of texas?)

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#5 DaChew

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Posted 27 August 2010 - 07:06 PM

ex post facto laws are unconstitutional

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The supreme law of the land, people keep forgetting that
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