Blogger Issues DMCA Notice To Take Down Posts Infringing His 'How To Infringe' Post

Tim Cushing — Fri, 10 May 2013 09:18:46 PDT

Anurag Ghosh is a blogger who would like to have some infringing posts removed from the web. See if you can spot the point when Ghosh's irony detector malfunctions.

Copyright claim #0:

My article, “How to Play Nintendo DS Games on Android”, is infringed by the text excerpted on the site, beginning with the text: “Did you know that your Android device can play NDS games? With the help of an emulator (yes there is a free, open-source DS emulator out there on Google Play), you can play games like Phoenix Wright, Dragon Quest IX and Touch Detective on your phone.”

Original work URL(s):

http://anurag2008.hubpages.com/hub/How-to-Play-Nintendo-DS-Games-on-Android

To paraphrase: "Yeah, it looks like some people have infringed my post about infringing, so if you could do me a solid and take those out, that would be great.

Ghosh's post, titled "How to Play Nintendo Games on your Android," does exactly what it says on the tin, pointing readers toward a free, open-source emulator, providing instructions on installing an NDS BIOS and directing readers towards Google to search for .nds ROMs. Ghosh has thoughtfully included the following "warning" on his post.

Downloading ROMs and BIOS files is illegal. I don’t support piracy and this guide is only for entertainment purpose. Reader discretion is advised.

The discussion about whether emulation = infringement can wait for another day, but I'm very definitely sure Nintendo considers emulation of current gen hardware/software to be infringing. In fact, Nintendo seems to get a bit irate about it when "questioned" about it, according to its extensive FAQ on emulation.

How Does Nintendo Feel About the Emergence of Video Game Emulators?

The introduction of emulators created to play illegally copied Nintendo software represents the greatest threat to date to the intellectual property rights of video game developers. As is the case with any business or industry, when its products become available for free, the revenue stream supporting that industry is threatened. Such emulators have the potential to significantly damage a worldwide entertainment software industry which generates over $15 billion annually, and tens of thousands of jobs.

How Come Nintendo Does Not Take Steps Towards Legitimizing Nintendo Emulators?

Emulators developed to play illegally copied Nintendo software promote piracy. That's like asking why doesn't Nintendo legitimize piracy. It doesn't make any business sense. It's that simple and not open to debate.

Wow. Testy. Ghosh knows it, too. Hence the disclaimer.

Now, Ghosh may have a legitimate claim that his post is being scraped (or reposted) without his consent, but complaining about infringers infringing your post about infringement is more than a little like sending an official notice informing Google that listed kettles are black and infringing on your original pot's blackness. Perhaps the offending scrapers could just put up a little "warning" stating they copied Ghosh's post for "entertainment purposes only." It certainly entertained me.

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Console Manufacturers Pressure Google Into Pulling Emulators From The Android Market

Tim Cushing — Wed, 1 Jun 2011 12:30:05 PDT

In what is a rather unsurprising move, Sega and Nintendo have pressured Google to remove certain emulators from the Android Market. Some of the details via Geek.com:

Over the weekend developer Yong Zhang, known on the Android Market as yongzh, saw his Android developer account revoked and all the apps he offers removed from the Market. The apps he was offering were all emulators for popular older systems including the NES, SNES, Genesis, N64, Atari, Game Gear, and Game Boy. But Google has seen fit to remove all of them ( including Nesoid, Snesoid, Gensoid, N64oid, Ataroid, Gearoid, and Gameoid).

Now, I know the rationale behind this. Or rather, I know of it. I don't know as in understand it.

I can see console developers having an issue with someone making money with their IP. I can understand why that's an issue. What I don't understand is why forcing these emulators and roms to be removed is the answer.

Reggie Fils-Aime has stated before his dislike of indie developers and the general race-to-the-bottom price competition, but has anybody at Sega or Nintendo or Sony ever considered the possibility of contacting these developers and licensing the emulators?

[CLARIFICATION (mainly for the benefit of console developers): By "licensing," I don't mean wave the lawyer stick around threateningly until they give up all commercial rights in perpetuity in exchange for a lawsuit-free existence and a signed copy of Tamigotchi: Party On!

I mean actual fair licensing agreements in which both parties have a chance to make some money. END CLARIFICATION.]

There are thousands of fans out there, cranking out amazing stuff simply because they love the consoles and the games. Emulators, ROMs, fan fiction, fan movies, translations, you name it, somebody is out there doing it.

And it's not like most of these consoles are still available from the developers and they're certainly not cranking out new titles for the Genesis or the SNES. So why not take all this fan power and harness it into something that makes you money (granted, not at $40-50 a pop) rather than just shutting it down and collecting a big fat $0 for your efforts.

Mobile gaming is the new console gaming. All those kids who grew up with a NES or a Genesis are now cruising around with their smartphones looking for a hit of nostalgia. Besides, any gamer worth his fanboyism will tell you that all the best games were released at least a decade ago, if not longer. (See also: Final Fantasy VII, Sony Playstation, 1998.)

Besides, all the programming and debugging (well, most of it) has already been done. All it needs now is the official go-ahead from the console manufacturers and everyone can start printing money or bitcoins or whatever. You're not going to get rid of them. The fans are everywhere and they've got more enthusiasm than you've got lawyers. If you can't beat 'em, monetize 'em.

UPDATE: As Chris Rhodes (and others) have pointed out, this emulator removal does not have anything to do with Nintendo. In fact, it looks as if yongzh brought this upon himself by selling open source code as his own.

The two links I used to put this story together (the one in the post) and this one over at Engadget both mention Sega's hand in getting some emulators pulled and conjecture that Nintendo may have been involved with getting the rest removed. It's not until you start reading the comment thread at Engadget that any of yongzh's misdeeds are even mentioned. Generally, I don't head to the comment threads to get the real story, but there's a first time for everything and unfortunately, this wasn't it.

Between those two articles and a long history of console developers battling emulator/ROM programmers, not to mention Nintendo's obvious lack of interest in developing for smartphones, I assumed that Nintendo was involved.

Well, as the old saying goes: "Never assume, because it makes an ass out of the author and often leads to public evisceration and eternal damnation thanks to Google cache."

My thanks to everyone who pointed this out and my apologies to everyone else.

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Blogger Issues DMCA Notice To Take Down Posts Infringing His 'How To Infringe' Post

Console Manufacturers Pressure Google Into Pulling Emulators From The Android Market