Kotaku received criticism for article construe as "pro-piracy" over Metroid Dread

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nintendoboy16

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#1  Edited By nintendoboy16
Member since 2007 • 39140 Posts

UPDATE: Okay, now I'm home.

So here's Kotaku's story that's catching all sorts of heat online.

The backlash was so bad, they released an update on it on the bottom of the story:

Update: 10/10/2021: 2:20 p.m. :An earlier version of this story was understood by many readers to be a direct suggestion to illegally download this just-released game. We regret this interpretation. Kotaku believes emulation is a vital part of the world of gaming, not least when it comes to game preservation, while not directly encouraging anyone to break the law and download games they have not purchased. We believe our readers are intelligent adults capable of making such choices for themselves, independently of us.

Regardless, I'm not anti-emulation and not going into the messed up legality of this, Kotaku screwed up. Surprised Nintendo hasn't blacklisted them given their reputation (especially since Kotaku seems to be DARING them to strike, as seen below)

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GoldenElementXL

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#2 GoldenElementXL
Member since 2016 • 6516 Posts

I would blacklist all games journalism sites and just go straight to streamers and influencers. They have bigger reach and more credibility to the gaming audience.

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Mesome713

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#3  Edited By Mesome713
Member since 2019 • 1701 Posts

Nintendo needs to blacklist these sites. Such a disgrace to promote using peoples art as it wasn’t intended to be used. Have some integrity.

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pyro1245

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#4  Edited By pyro1245
Member since 2003 • 8299 Posts
@mesome713 said:

Nintendo needs to blacklist these sites. Such a disgrace to promote using peoples art as it wasn’t intended to be used. Have some integrity.

Lol. A blacklist from Nintendo must mean you're doing something cool. ¯\_(ツ)_/¯

Anyway, art is subjective and, as the beholder you can appreciate it in anyway you see fit.

Also there is no bigger joke than the professional art world.

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Mesome713

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#5 Mesome713
Member since 2019 • 1701 Posts

And no, it’s not legal to backup games unless the creator says you can. That’s why it’s illegal to sell backup devices. And don’t give the cdr, dvdr backup disc bullcrap either, those are to backup your personal art, not Disney movies, NFL games, AC/DC music, or Nintendo games.

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uninspiredcup

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#6  Edited By uninspiredcup
Member since 2013 • 48448 Posts

Eh. Threatened fan projects. Closed down rom sites to justify their nothing burger pay, because we want money now, online, that comes directly with a sub-1998 feature set.

Perfectly within their legal right, still, came across as assholes like pretty much all the big companies.

If it was a little, superior indie game like Hollow Knight? That's 1/5 the price? Might care. Otherwise, meh.

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MirkoS77

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#7 MirkoS77
Member since 2011 • 16504 Posts

I’m reticent to express my full opinion about this given GS’s ToU, but I will say that I consider emulation to fall into a morally grey area.

To write an article about being able to play this in such a manner so close to release? Yeah, a bit of an exercise in questionable judgement.

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Pedro

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#8 Pedro  Online
Member since 2002 • 55392 Posts

Emulation is great and here to stay. I will be setting an entire lab focused on game emulation 😊

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pyro1245

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#9 pyro1245
Member since 2003 • 8299 Posts

@mesome713 said:

And no, it’s not legal to backup games unless the creator says you can. That’s why it’s illegal to sell backup devices. And don’t give the cdr, dvdr backup disc bullcrap either, those are to backup your personal art, not Disney movies, NFL games, AC/DC music, or Nintendo games.

You might want to read section 117 of Title 17 USC.

Making a copy of a computer program is allowed provided

that such new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful.

...which is an exception to section 106 defining exclusive rights as the copyright holder.

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Pedro

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#10 Pedro  Online
Member since 2002 • 55392 Posts

@pyro1245 said:
@mesome713 said:

And no, it’s not legal to backup games unless the creator says you can. That’s why it’s illegal to sell backup devices. And don’t give the cdr, dvdr backup disc bullcrap either, those are to backup your personal art, not Disney movies, NFL games, AC/DC music, or Nintendo games.

You might want to read section 117 of Title 17 USC.

Making a copy of a computer program is allowed provided

that such new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful.

...which is an exception to section 106 defining exclusive rights as the copyright holder.

The lad is simply taking Nintendo's illegal stance on the manner. 😂

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Maroxad

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#11 Maroxad
Member since 2007 • 18167 Posts

PC gamer has been talking about emulated Metroid Dread as well.

Nintendo should just follow suit on what Sony and MS are doing and put their games on PC. THere is a clear market for their games there.

Hell, I have seen several PC gamers on this board even outright say Nintendo has no exclusives as everything can be played on PC.

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vl4d_l3nin

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#12 vl4d_l3nin
Member since 2013 • 3451 Posts

@mesome713 said:

And no, it’s not legal to backup games unless the creator says you can. That’s why it’s illegal to sell backup devices. And don’t give the cdr, dvdr backup disc bullcrap either, those are to backup your personal art, not Disney movies, NFL games, AC/DC music, or Nintendo games.

So long as you have the original in your possession, you can make backups for yourself. It's within fair use. It becomes illegal once you distribute.

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Mesome713

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#13  Edited By Mesome713
Member since 2019 • 1701 Posts

@vl4d_l3nin: Fair use doesn’t allow you to copy full original content. That’s why you can’t upload the full original content. You can only upload a part under fair use.

Upload a full original song onto YouTube and watch as you get copyright strike. Upload a full original NFL game and see what happens.

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Pedro

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#14 Pedro  Online
Member since 2002 • 55392 Posts

@mesome713 said:

@vl4d_l3nin: Fair use doesn’t allow you to copy full original content.

Yes! It does.

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Mesome713

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#15  Edited By Mesome713
Member since 2019 • 1701 Posts

@Pedro: When you watch a Disney movie it states any reproduction of this content is prohibited.

Even an NFL game it states any reproduction of this content is prohibited.

Unless they say you can, you can’t.

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deactivated-618bc23e9b1c9

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#16 deactivated-618bc23e9b1c9
Member since 2007 • 7339 Posts

How can you prove you bought the game if you emulate it? That doesn't exactly sound legal to me without a proper verification system.

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vl4d_l3nin

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#17 vl4d_l3nin
Member since 2013 • 3451 Posts

@mesome713 said:

@vl4d_l3nin: Fair use doesn’t allow you to copy full original content. That’s why you can’t upload the full original content. You can only upload a part under fair use.

Upload a full original song onto YouTube and watch as you get copyright strike. Upload a full original NFL game and see what happens.

If you upload to YouTube you are distributing it 🤦‍♂️

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Mesome713

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#18  Edited By Mesome713
Member since 2019 • 1701 Posts

@vl4d_l3nin: Only if you share the upload to others. But even under private use content can still be removed.

You do not own the content. You are only borrowing it. Unless the creator gave you such rights.

The owner has full rights and can do as they please.

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Pedro

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#19 Pedro  Online
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@mesome713 said:

@Pedro: When you watch a Disney movie it states any reproduction of this content is prohibited.

Even an NFL game it states any reproduction of this content is prohibited.

Unless they say you can, you can’t.

As someone linked and also explained to you. It is ok to be wrong. 😎

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Mesome713

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#20  Edited By Mesome713
Member since 2019 • 1701 Posts

@Pedro: None of those rules apply. Which rule applies?

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Pedro

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#21 Pedro  Online
Member since 2002 • 55392 Posts

@mesome713 said:

@Pedro: None of those rules apply. Which rule applies?

You are allowed to make a copy.

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Mesome713

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#22 Mesome713
Member since 2019 • 1701 Posts

@Pedro: only under circumstances they allow. None of those rules apply to coping Nintendo games.

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nintendoboy16

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#23 nintendoboy16
Member since 2007 • 39140 Posts

And this is why I left out talking about the legality of it all. No one can make heads or tails of it.

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Mesome713

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#24 Mesome713
Member since 2019 • 1701 Posts

@nintendoboy16: It’s too much of a gray area. But one content creators always win.

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Howmakewood

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#25 Howmakewood
Member since 2015 • 6943 Posts

surprised this thread is open at all, all emulation talk is forbidden on GS

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nintendoboy16

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#26 nintendoboy16
Member since 2007 • 39140 Posts

@howmakewood: Not exactly meaning this thread that way, more like a major gaming publication talking about it when they pretty much shouldn't.

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JasonOfA36

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#27 JasonOfA36
Member since 2016 • 3725 Posts

@shadyacshuns said:

How can you prove you bought the game if you emulate it? That doesn't exactly sound legal to me without a proper verification system.

You can only use the firmware that you rip from your own device, and you can only use games that you homebrew yourselves. These emulation sites never provide those.

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lamprey263

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#28 lamprey263
Member since 2006 • 40587 Posts

Clearly pro-piracy is meant for the comment section.

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#29  Edited By ConanTheStoner
Member since 2011 • 21129 Posts

Yeah, definitely plan to check it out on both emus eventually. Enjoying the game as is, but if I can get around the muddy image quality, long loads, and frame dips, would be great.

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Gatygun

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#30 Gatygun
Member since 2010 • 2471 Posts

its not about emulation its about that he was talking specifically about pirating.

Emulation is perfectly legal.

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hardwenzen

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#31  Edited By hardwenzen  Online
Member since 2005 • 14680 Posts

Kotaku understands that absolutely nobody wants to waste their time playing in 720-900p in 2021. Those blurry resolutions are for 1998 standards.

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#32 mattbbpl  Online
Member since 2006 • 21112 Posts

@nintendoboy16 said:

And this is why I left out talking about the legality of it all. No one can make heads or tails of it.

We really can, it's just kind of inside joke. Fair use is quite clear in what it allows. Companies have made various public claims about why it doesn't apply to modern media, but they refuse to test them in court - because they know they'll lose. It's a wink and nod acknowledgement between users and IP holders that fair rights exist, companies will publicly disavow they exist, but they won't actually challenge them in any meaningful wide scale-way because they've already lost that battle decades ago.

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Casey-Wegner

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#33  Edited By Casey-Wegner
Member since 2021 • 1470 Posts

Dread is selling gangbusters.

Nintendo doesn't care about a few cheap/broke neckbeards.

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lundy86_4

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#34  Edited By lundy86_4
Member since 2003 • 59450 Posts
@casey-wegner said:

Dread is selling gangbusters.

Nintendo doesn't care about a few cheap neckbeards.

Yet... They clearly do.

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Casey-Wegner

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#35  Edited By Casey-Wegner
Member since 2021 • 1470 Posts
@lundy86_4 said:
@casey-wegner said:

Dread is selling gangbusters.

Nintendo doesn't care about a few cheap neckbeards.

Yet... They clearly do.

Of course they're going to bust any thieving rats over copyright claims when they can. They have a department devoted to it.

I don't think it's something that's even acknowledge at Nintendo's head offices though.

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lundy86_4

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#36 lundy86_4
Member since 2003 • 59450 Posts

@casey-wegner said:

Of course they're going to bust any thieving rats over copyright claims when they can. They have a department devoted to it.

I don't think it's something that's even acknowledge at Nintendo's head offices though.

@casey-wegner said:

Nintendo doesn't care about a few cheap/broke neckbeards.

Okay, so Nintendo's Head Office had no input in filing a lawsuit?

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nintendoboy16

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#37 nintendoboy16
Member since 2007 • 39140 Posts

@lamprey263 said:

Clearly pro-piracy is meant for the comment section.

Seems that way. lol

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BenjaminBanklin

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#38 BenjaminBanklin
Member since 2004 • 9000 Posts

Why are people jumping on Kotaku for? They didn't make emulators that can run the game. They're just reporting on what's out there. PC emulators can run this game far better than a Switch can. That's just the truth. That being said, that's not a green light to go out stealing the game and shit. It doesn't seem to be affecting business so far though as the game is looking like it'll be the best selling Metroid entry

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deactivated-618bc23e9b1c9

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#39 deactivated-618bc23e9b1c9
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@BenjaminBanklin said:

Why are people jumping on Kotaku for? They didn't make emulators that can run the game. They're just reporting on what's out there. PC emulators can run this game far better than a Switch can. That's just the truth. That being said, that's not a green light to go out stealing the game and shit. It doesn't seem to be affecting business so far though as the game is looking like it'll be the best selling Metroid entry

How would people feel if PC players started emulating Sony games? Let's say Ragnarock or the next Horizon game gets emulation on day one, is that going to be ok as well?

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Pedro

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#40 Pedro  Online
Member since 2002 • 55392 Posts

@shadyacshuns said:

How would people feel if PC players started emulating Sony games? Let's say Ragnarock or the next Horizon game gets emulation on day one, is that going to be ok as well?

Yep!

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deactivated-618bc23e9b1c9

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#41 deactivated-618bc23e9b1c9
Member since 2007 • 7339 Posts

Cool, so I can emulate Returnal and Ratchet n Clank and Demon Souls on my Series X! No need to buy a PS5 then, just the games.

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Pedro

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#42 Pedro  Online
Member since 2002 • 55392 Posts

@shadyacshuns: I am not sure what is the issue with gamers just buying games.🤔

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#43 ConanTheStoner
Member since 2011 • 21129 Posts

@shadyacshuns:

Not sure if that's meant as a negative, but sounds pretty great. 😂

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JasonOfA36

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#44 JasonOfA36
Member since 2016 • 3725 Posts

I'd love for everyone to play the same games on their preferred platforms lol.

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deactivated-618bc23e9b1c9

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#45 deactivated-618bc23e9b1c9
Member since 2007 • 7339 Posts

I'm dead serious, I don't want to buy a PS5 this gen if it can be helped.

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ConanTheStoner

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#46  Edited By ConanTheStoner
Member since 2011 • 21129 Posts

I feel ya man, same.

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nintendoboy16

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#47 nintendoboy16
Member since 2007 • 39140 Posts

@BenjaminBanklin: Because you'd think an MSM gaming outlet doesn't speak about it when they get review codes.

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Eoten

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#48 Eoten
Member since 2020 • 5822 Posts

Seems people are very misguided about who writes laws. Disney and the NFL do not. Nothing they say is legally binding if it contradicts written law which explicitly state it's legal to copy what you own, and use it for your personal uses so long as you're not distributing it, and remove all copies when you sell the original. That means all those ROM files you get when you downloaded and installed the Mega Drive collection on Steam can be extracted from the install folder, put onto a flash cart, and played on original hardware. And that also means if you legally own Metroid: Dread, you can put the game on your PC and play it with an emulator.

The only problem is, many people playing Dread on the Yuzu emulator do NOT legally own it. I seen some Twitch streamers based in the United States streaming Dread 12 hours before it actually released and the only way they could have done that is by using a copy they did not have legal access to at the time.

Many people download ROM packs for old consoles online which is illegal, but another issue is there's a lot of these "gray market" emulation devices that ship packed with hundreds of games, none of which the manufacturer of those devices had legal authority to include. If you see a product, such as an emulation device, or a flash cart being sold that includes a bunch of games, or those "800 in 1" cartridges, understand those are NOT legal either, and you should avoid purchasing them. Or if you do, completely scrub the content it comes with, and only supply your own.

Believe it or not, there are a lot of legal ways to get ROMs for old stuff, even from Nintendo if you buy their NES and SNES mini consoles.

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#49 IvanGrozny
Member since 2015 • 1679 Posts

Cry me a river Nintendo fanboys, but I am gonna play the nee Metroid in 4K and 60fps. Try to stop me 🤗

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Pedro

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#50 Pedro  Online
Member since 2002 • 55392 Posts

@eoten: You don't need to buy Nintendo's garbage mini consoles to acquire roms legally.