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Question about cease and desist, work already completed.


Celice

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So in case some of you never knew, XSeed purchased the rights/whatever of the fantranslation project of Ys: The Oath in Felghana, when they were bringing over the PSP remake. A common person was paid for his own hobby, his work going into a commercial game.

I just realized, what if a similar fan translation received a cease and desist order--would someone like XSeed be able to legally use that fantranslation?

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He's no expert in intellectual property, but my bro says that he thinks that the distributor only has a good case against the fan translator on the grounds of distribution of the work, not on the production of a translation. Therefore, the translation remains the property of the translator in the event of a cease and desist order, and if the distributor tried to use that translation after issuing a cease and desist order - or modified it slightly and put it to use, and that could be demonstrated in court - the translator actually could have a good case against the distributor.

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I was more interested in whether the entity that first issued the cease and desist would be willing to let the same thing fly under the name of an actual publisher/developer/whatever. Let's say that Nintendo issued a C&D to the Mother 3 translation group. If XSeed were to been given rights by Nintendo to translate the game (at a later point), would XSeed legally be able to use that same C&D script in their translation, with Nintendo having previously threatened the project with legalities? Or would Nintendo require XSeed to start its own translation entirely separate from the previous fan translation project?

I find it funny that Nintendo can issue C&Ds for projects, yet steal emulation code and not get bothered over it

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I was more interested in whether the entity that first issued the cease and desist would be willing to let the same thing fly under the name of an actual publisher/developer/whatever.

and

Or would Nintendo require XSeed to start its own translation entirely separate from the previous fan translation project?

Seems to be a different situation than

If XSeed were to been given rights by Nintendo to translate the game (at a later point), would XSeed legally be able to use that same C&D script in their translation, with Nintendo having previously threatened the project with legalities?

What Nintendo would allow might be different from what XSeed is legally supposed to do. The latter I've already tried to answer. And I don't think anyone here works for Nintendo, so I don't think you're going to get anything close to a satisfactory answer on that aspect of your question here, though I admit I am curious too.

I find it funny that Nintendo can issue C&Ds for projects, yet steal emulation code and not get bothered over it

Don't slash it out; do tell, as I'm unaware.

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I find it funny that Nintendo can issue C&Ds for projects, yet steal emulation code and not get bothered over it

Not just Nintendo, Sega apparently used a fan emulator for the Sonic games on the PC.

Also, R* used a fan CD crack for the Steam version of Max Payne.

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I'd have to go and dig through years-back's-worth of posts at another board, but what happened is such: when Nintendo first released those GBA NES titles, some of us (it may have been at acmlm's board) were interested in whether they recreated the game or just used an emulator. Someone checked into it, and saw that there was an emulator running--but Nintendo didn't do much to hide who made the emulation code. There were a few indications that another certain emulator was used as a base. We double-checked, comparing the emulator's actual code with the code found in some (all?) of the NES GBA games, and there were complete matches. Including some errors in emulation :E The author of the emulator wasn't bothered, he (if my memory is correct) was more amused that his stuff actually got picked up by Nintendo. There was an NES emulator commonly up for download alongside Goomba, a GameBoy emulator, that peeps would download and run on their GBA flashcards--that emulator might have been the one in question.

Unfortunately, one of the versions of acmlm was vandalized by a douchey member who got ants in his pants. Much like other boards, this resulted in a huge chunk of posts and their relative archives getting lost (deleted). If the post was in this now-bunked archive, we might not be able to find it. This was probably... six years ago? Something like that. I don't recall if someone also checked the Famicom GBA ports, or if it was only the NES ones.

Also, R* used a fan CD crack for the Steam version of Max Payne.

I find that fascinatingly awesome.

EDIT: PocketNES flashed back into my head, that might have been the emulator. If so, there's a bit of more information:

http://en.wikipedia.org/wiki/PocketNES#Bootleg_use

The code is public domain, and was actually picked up by several developers and used. It appears that this emulator did have a bit of a run-in concerning Nintendo, but I don't know if it's the same one as the one mentioned above. If it is the right one, then the thing used was the scaling code (which was shite anyways >_>).

Emulator in question

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All I am thinking right now is how awesome it would be if I got payed for the Fire Emblem 12 translation.

oh my I just can't stop grinning >:D gahahahahahahahahahaha, GAHAHAHAHAHAHAHAAHAH!!!!!!

what, I can't dream?

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All I am thinking right now is how awesome it would be if I got payed for the Fire Emblem 12 translation.

oh my I just can't stop grinning >:D gahahahahahahahahahaha, GAHAHAHAHAHAHAHAAHAH!!!!!!

what, I can't dream?

You can't dream indeed - the Ys: The Oath in Felghana patch Celice mentioned was made by two people.

One translator, who was paid by XSEED; and one hacker, who was Nightwolve (google it) and still complains about those people who used his patch without paying him for it.

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You can't dream indeed - the Ys: The Oath in Felghana patch Celice mentioned was made by two people.

One translator, who was paid by XSEED; and one hacker, who was Nightwolve (google it) and still complains about those people who used his patch without paying him for it.

I see potential for dreams and nightmares. But no potential for a response from Nightmare.

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