Mario is angry with you. This is the kind of bullshit Mother N and its toadying "watchdog" group the IDSA has been up to...hassling emulation sites and their ISPs WITH NO LEGAL GROUNDS TO DO SO. Help slap 'em down before they extinguish free public classic arcade gaming.




Directly below is an email sent to the emulation site www.davesclassics.com by Nintendo's rabid legal department. Notice the sweeping generalizations about removing 'video game titles'. Which ones? Nintendo never specified. And how they demand Dave get rid of the emulators themselves. Sorry, N, but no matter what they run, emulators are TOTALLY LEGAL PROGRAMS!!! They cannot be removed on legal grounds. "We will be monitoring your Website...". More ominous words have never been spoken.



>X-Mailer: Novell GroupWise 4.1
>Date: Thu, 26 Feb 1998 15:23:46 -0800
>From: NINTENDO LEGAL
>NOAIPE@noa.nintendo.com
>To:hbbuse08@csun1.csun.edu
>Subject: CEASE AND DESIST
>X-Status:
>
>TO hbbuse08@csun.edu:
>
>It has come to our attention that you are offering on your
>Website, "www.davesclassics.com," unauthorized copies of
>Nintendo video game titles available for downloading as well
>as software which emulates Nintendo's proprietary hardware
>systems (commonly referred to as "emulators"). This letter
>constitutes a demand that you immediately cease offering,
>reproducing and distributing Nintendo's video game titles and
>emulators by removing all such references from your
>Website.
>
>Nintendo is the owner of numerous copyrights in its video
>games. As the owner of such copyrights, Nintendo has the
>exclusive right under U.S. law to authorize copies of its video
>games. In addition to its copyright protection, Nintendo has
>rights under Federal and State Trademark laws. Your
>unauthorized activities with respect to the offering,
>distribution, trade and display of unauthorized copies of
>Nintendo's video games constitutes both copyright and
>trademark infringements in violation of 17 U.S.C. 101 et seq.
>and 15 U.S.C. 1114, 1115 and 1116, and other applicable
>federal and state criminal and civil laws.
>
>This letter constitutes notice to you that your actions are
>illegal and may subject you to criminal prosecution and civil
>liability. We will be monitoring your Website to see if you
>are in compliance with the law and reserve the right to take
>all steps necessary to protect Nintendo's rights.
>Sincerely,
>
>NINTENDO OF AMERICA INC.
>



Nintendo has also forced another major emulation site, Insert Coin, to move after their 'watchdog' group, the much hated IDSA, leaned on Coin's former ISP. His new URL is www.crcwnet.com/~no-sleep/newic/ . Below is the letter I've sent around to the IDSA client list and most major media outlets, as well as the second letter davesclassics received from the IDSA which caused me to write it. That first paragraph was added to all letters sent to the media. I received no response from the IDSA, and the only response I received from N was a lame pointer to their vague and useless copyright faq.


Hello.

I've been involved in the Emulation scene for about a year, and just in the last few months we've come under attack by various
game companies, either directly or by some 'watchdog' group known as the IDSA. I thought I'd pass along my response to an
IDSA cease and desist letter, with the original message following. It was sent by the IDSA to a major emulation website a little
while ago. You guys should look into this...as the growing press the electronic games community has garnered by publications
such as yours is starting to get the attention of the games companies, who seem to wish to stamp the whole thing out.

Thanks

Ummagumma [William Hunter]



     ummagumma wrote:

Attention: Gail Markels, IDSA

Your organization has recently come to my attention through your bully campaign against the distributors of classic arcade
emulators and ROM images. Seeing the list of video and computer game developers which you represent, I'm surprised that
they would allow you to alienate them from such a loyal and savvy customer base as the members of the growing emulation
scene. All of us are serious gamers, and have long memories. An attack on something which we very much enjoy is not
taken lightly, or forgotten quickly.

With your sweeping demand that all emulators and ROM images must be removed from a site, you overstep your legal and
moral authority greatly. First off, an emulator is a perfectly legal program...no one can demand its removal on legal grounds.
As for ROMs:

"Due to the National Information Infrastructure Copyright Act of 1995, (NIIC), Software in which the copyright is older than
two years AND is no longer sold on the market, has been deemed available free to the public, due to the seemingly "apparent uselessness of outdated technology" as stated in the NIIC."

But of course, we all know that your strong arm tactics involve pressuring ISP's to drop the distribution sites, even though you
have no legal or moral ground to stand on. Nobody has had use for these ROMs for decades. Why then, when people have
re-discovered these games AND their manufacturers, have you decided now is the time to quash this movement out? Are
you afraid that these emulators will detract from classic arcade compilations and re-designs of classic arcade games that the
respective companies are now finally releasing, after seeing the increasing demand for classic games through emulation? It's
more than clear that this is simply not the case. Emulators assist game companies by reviving interest in their back catalogue
of games. No money is charged for an emulator, so it's not as if someone is getting financial benefits from your client's
work...it's a celebration of that company's efforts, not an exploitation of them.

Please re-think your efforts on trying to stamp out this burgeoning games movement. All you're doing is robbing gamers of
their history. The end result will no doubt be that you will simply drive the emulation market underground, and NO games
company will have the benefit of it's valuable research into the popularity of these 'forgotten' games.

Be advised that this letter will be emailed to every company on your client list. It is also being sent to every major media
outlet concerned with video and computer games.

William Hunter



>From: IDSA
>Date: Tue, 21 Apr 1998 17:55:08 EDT
>To: hbbuse08@csun1.csun.edu
>Subject: http://www.davesclassics.com
>X-Mailer: AOL 3.0 for Windows 95 sub 18
>
>April 21, 1998
>
>
>Attention Dave W. hbbuse08@csun1.csun.edu :
>
>I am following up on my letter to you regarding copyrighted works on your
>website. We noted that while infringing Sega Genesis products were removed
>from your site, your site still contains infringing software of IDSA members.
>We request, again, that you remove all infringing software from your site.
As
>we stated in our original letter, this includes, but is not limited to, all
>copies of emulators, ROMs and disk images.
>
>As stated in our original letter, "The fact that a person owns a legitimate
>copy does not authorize any party to copy and distribute it without
>permission. The owner of the trademark and copyright in that product has the
>exclusive right to authorize its reproduction and distribution".
>
>We will be monitoring your Website for compliance with the demands contained
>in this letter and reserve the right to take all steps necessary to protect
>our member's rights and interest in their property. In addition, in the event
>you do not comply with these terms within five days, we will pursue other
>avenues of relief.
>
>Sincerely
>
>
>Gail Markels
>
>----------------------------------
>
>IDSA Members:
>
>Acclaim Entertainment
>Accolade
>BMG Interactive Entertainment
>Bethesda Softworks
>Broderbund Software
>Capcom
>Crystal Dynamics
>Disney Interactive
>DreamWorks Interactive
>Eidos Interactive
>Electronic Arts
>Fox Interactive
>GT Interactive Software
>Hasbro Interactive
>Interactive Magic
>Interplay Productions
>Kesmai Corporation
>Konami (America) Inc.
>Lego Media
>LucasArts Entertainment Company
>Mattel Media
>Maxis
>Megamedia Corporation
>MGM Interactive
>MicroProse
>Microsoft
>Midway Home Entertainment, Inc.
>Mindscape
>Namco Hometek Inc.
>Nintendo of America
>NovaLogic Inc.
>Ocean of America
>Panasonic Interactive Media
>Psygnosis
>Purple Moon
>Sega of America
>Sony Computer Entertainment America, Inc.
>SouthPeak Interactive
>The 3DO Company
>THQ, Inc.
>Total Entertainment Network (TEN)
>Ubi Soft, Inc.
>Universal Studios
>Virgin Interactive Entertainment



Click here to add your voice. Join the boycott!
Download this graphic and post it on your website to fight against N's fascist legal policies.
Link it to this page to show everyone this corporation's bully tactics against websites engaged in NO unlawful or copyright infringing activity. YOU MAY BE NEXT!!

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