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04-26-19 06:56 AM

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Divine Aurora
02-09-19 10:09 AM
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MonaRetro
02-16-19 09:12 PM

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How to possibly get Nintendo first party games back

 

02-09-19 10:09 AM
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So as all of us know Nintendo pulled all there first party games from Vizzed upon being notified by a member of vizzed..I was thinking about this issue recently and how youtubers and streamers get around this copyright issue thru the use of fair use laws which allowes copyrighted content to be played and used if its for criticism, review or learning/educational uses..so I was thinking why not add back the Nintendo first party games thru the fair use act by making people who play the game, have to write a short or brief review of the game and state there opinion of the game, I mean technically it would fall under fair use laws and there wouldn't be any showing of video or screenshots from the game in the review but the review would be mandatory if you'd want to play the game
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(edited by Divine Aurora on 02-09-19 10:11 AM)     Post Rating: 1   Liked By: JigSaw,

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02-09-19 10:21 AM
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The fair use clause is extremely complicated, especially with it being applied to a company as large as Nintendo. While, in principle your idea would "work", the application of the clause is up to the copyright holder and the courts to decided. The legality of the RGR is slim to say the least and attempting to re-add Nintendo games, after they have already told us to take them down under the fair use clause is risky.

There simply isn't a legal reason to add copyrighted games back up after we had them removed, especially since Vizzed isn't a non profit.
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02-09-19 10:27 AM
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I don't think there is really any way to add Nintendo games back. You can claim whatever you want but at the end of the day the Nintendo ninjas will win.
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02-09-19 10:29 AM
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What Bara said.

The risk is just too high. Vizzed was very lucky with the way Nintendo handled things. They could've easily filed a lawsuit against David for quite a lot, which would've been 100 times more devastating to the site (possibly the end).

If we were to re-add the games, even with the idea you proposed, it would 100% be the end should it go wrong.

Then you have to take into consideration the way the RGR works. ROMS you play get dowloaded to your computer, so while you may have played the game under fair use, you now hold the possibility of illegally distributing that file on your computer without fair use.
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02-09-19 10:38 AM
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Check how many people have used the RGR for years and they're yet to post anything. You can't simply force them to write something for all the games they play. Not to mention that first-party Nintendo games already have a lot of reviews written for them by expert users and both previous or current staff members.

Nintendo games are gone for good. Vizzed has turned the page, and we should also move on. 
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02-09-19 10:39 AM
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Having playable Nintendo games does not fit within the fair use act...

"The fair use doctrine is not a license to steal! The fair use doctrine was created to allow the use of copyrighted works for criticism and commentary, parody, news reporting, research and scholarship, and classroom instruction."

What this means is Vizzed can have screenshots, videos and reviews of Nintendo games but it does NOT mean Vizzed can re-upload games and make them playable.

Many people don't know this but Nintendo didn't just send an email to David requesting removal, their lawyer sent him physical letter in the mail at his home address threatening to sue him for over hundred thousand dollars per copyright infringement and he violated several thousand works.

Nintendo recently sued a site like this one for $100 million dollars for doing the same thing. That could have been David! He is extremely lucky to have walked away from this unharmed. Well, his site and profits tanked but that is better then being sued for hundred million dollars like the other site and having his life completely destroyed.
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(edited by JigSaw on 02-09-19 11:23 AM)     Post Rating: 2   Liked By: Furret, IgorBird122,

02-09-19 12:35 PM
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JigSaw : I see your point as well as everyone elses I'm honestly surprised the thread got as many replies as it did in such a short span of time but ultimately I guess a part of me didn't want to have to download roms and emulate them myself given how vast and convenient the RGR is..but i see your point and everyone elses especially with the legality of the RGR as it is now and the more in depth description of fair use laws. But i didn't know they actually send David a letter threatening a multimillion lawsuit thats crazy
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02-09-19 12:37 PM
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Like what JigSaw said, Fair use is for anyone that want to use Nintendo games for like screenshots, videos, and reviews on their games to advertise their products, which is part of the fair use act, but not for people playing those games, which I can see where Nintendo was getting at.
This is why other gaming sites only show videos, screenshots, and stuff like that, and not the option to play those games, or even play demos of those games.

Also, there is a "70-year copyright protection" rule where when a company goes bankrupt, or a person dies, their content can still be copyright for an additional 70 years. So say like if Nintendo falls into bankruptcy say like today, David can't really re-upload any 1st Party Nintendo games until at least 2089 without any kind of harm towards the site, and at that time, David will be 103 years old by then, so more in likely that David could be dead due to old age before he can be able to add any Nintendo games in 2089 (unless maybe his children or grandchildren, if they continue David's Legacy).

So, I hate to say, if you like to see 1st Party Nintendo games back on Vizzed again, you have to wait until at least another 70 years after Nintendo kicks the bucket, that is if Vizzed is still around in 70+ years.
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02-09-19 04:22 PM
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Divine Aurora : Well it was good you brought it up cause there was not much else discussions going on here lol.

IgorBird122 : Vizzed won't last 70 years in my opinion because it is a personal website operated entirely by David and no one else. If he passes or were to suddenly die so will the site.
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02-09-19 08:30 PM
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Yeah, I just don't think it would work out, period. Even if you ignore that it probably wouldn't fall under fair use and that fair use is a defense meant to be used once you're already in court, it would be ridiculously easy to abuse. I think we're just going to have to accept that they're gone or distribute some things, like romhacks, as patches requiring a copy of the game from the user to be loaded. Other than that, there's enough other ways to get Nintendo games that people who really want to can do it without much trouble.
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02-16-19 08:22 AM
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He wouldn't get in trouble if the content was on a different site and he just provided links right? Kinda like the way thepiratebay evaded some of those lawsuits
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02-16-19 01:13 PM
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MonaRetro : The only difference is that thepiratebay is operated by multiple people from hundreds of servers all across the planet, and it changes it's host location like every week to bypass those lawsuits, like the location is changed to a different city, a different state/providence, or even a different country each week, this is why thepiratebay hasn't been shut down, nor the site was raided, nor the site owner was sentence to life in prison.

David only operates this site with just 2 servers in his own home, and even running 2 servers alone is a huge chore for David to manage, and since 2004, the site was running under his 2 servers. So, operating with just 2 servers from one location is a whole lot easier to target than hundreds of servers from multiple locations is a whole lot harder.
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02-16-19 09:12 PM
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IgorBird122 : wow thats amazing, i dident know all that. i was just bored in the AM looking for active topic u know
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