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A lot of developed countries don't fully implement Berne anyway.
http://www.copyrightaid.co.uk/copyright ... ignatoriesThe US is on that list, although I'm not a lawyer so I can't say how 17 USC 104(c) affects that. It would seem odd for the US to sign the Berne Convention just to ignore it, but it wouldn't be the first illogical thing the US has done.
Still, certainly there are countries on that list that do follow the BC, and for those countries, translation patches are illegal.
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Once zophar.net and snesmusic.org receive takedown notices about archives of NSF, SPC, PSF, etc., I plan to revise the policy.
zophar.net also hosts the FDS BIOS, along with other commercially copyrighted ROMs.
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Until then, the retro game music ripping scene relies on the legal doctrine of snooze == lose: an exclusive right holder that ignores a pattern of infringement for too long is entitled to an injunction against future infringement but not damages for past infringement.
I do wonder how that'd turn out in court, but hopefully you're right.
It wouldn't really matter anyway, I'm sure it would be trivial to make a new SNES music format that is more of a patch that forces a game to start playing a given song, with the game itself not included. SNSF is not that format. I feel these could be UPS patches roughly 20-60 bytes a piece in size, but playing them would require the original game and a full SNES emulator.
The battle theme to Lufia II is music just as much as is Enter Sandman by Metallica. If not moreso, since it also contains a copyrighted computer program in the background.
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Yeah that's true when it comes to NSFs and SPCs, I think it would be dumb (and bad business) for Nintendo to have a problem with them.
Absolutely, it would be terrible PR and would net them nothing.
But you never know, they may want to start double-dipping their customers again like they do now with their Virtual Console sales. What do you think, 100 Wii points per song?
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Stuff like the FDS BIOS is probably something they wouldn't care about, but it would be disrespectful to assume so.
The problem with that is where do you draw the line? That was kind of my point, that it's all arbitrary.
If the FDS BIOS is indeed off-limits, what about the SPC700 IPLROM? Note: the previous sentence is larger than the entire SPC700 IPLROM. What about the DSP-n data ROMs, which are essentially sin / cos lookup tables? Sounds silly to consider them even remotely copyrightable, and yet the MESS team does.
If a math table can be copyrighted, then why not the gaussian table in the S-DSP? Why not the counter tables in the S-DSP? Why not the lighting tables in the S-PPU? Again, where do you draw the line?
The way I see it is that the Sony v Connectix BIOS ruling was a gross error, and contradicts every other law giving the green light to emulation. Make a program that reads the BIOS and compares it bit-for-bit, failing if not a match. Bam, you have the court case where IBM tried to stop clones by checking for their company name in a BIOS string. Once the BIOS is exposed from hardware, the only way to perfectly emulate the hardware is to be able to provide the same output to the same input. If the input asks for the BIOS, what can you do?
At the very least, Sony should have been required to provide a digital copy of the BIOS to purchasers of the Playstation.
The way it stands, emulation can be defeated for good like so: store a $5 SD card inside the system that holds 16GB of true (non-pseudo) random gibberish. Make it 100x bigger by mixing it with pseudo-random gibberish akin to the CICs, as cryptographically secure as possible. For each game, randomly generate an algorithm that produces a 2GB block of that gibberish and reads it back. If it doesn't match, halt the game. Sorry emulators, game over.
But that BIOS was a major piece of software, which was 8,192 times larger than the IPLROM. So who knows.
What about the D411 key+seed? That's 1/4th as big as the IPLROM.
I don't know where to draw the line on this stuff myself, and I can't exactly ask Nintendo because they'd just say they own the copyright to all electrical equipment in the universe if asked.
The program ROMs for the DSP-n chips are going to be fun if and when we ever get them dumped. I have no idea how to handle that. They are 2KB in size each.