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Breaking the "emulation barrier" in digital distribution - why can't GOG sell Amiga games?

Haraldur

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Either way soon first games will go into public domain.

What do you mean by that? Firstly, some of the earliest computer games already are in the pubic domain (in the USA, at least), or treated in a similar fashion -- and some, indeed, are so simplistic that it stretches credulity to apply copyright to them as they are so easily cloned. Examples: Spacewar! (clone?), (Colossal Cave) Adventure (advent, public domain), pong & tetris (clone), nethack (FOSS, also Rogue) etc..

As for the others, when would the earliest important one be -- 1975ish? In the USA and the EU, correct me if I am wrong, it seems that copyright is notionally 50 years after author death or 70 years after publication by a company (with extension options) and, in reality permanent as a result of political lobbying causing the copyright terms to be indefinitely extended. I believe the public domain in the USA normally applies before 1925 or so.

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Estimated Top Downloadable Wii Titles by Revenue, 2009 (Price in USD; Japan and Korea excluded):
1. Super Mario Bros. 3 (Nintendo, NES) - $5,000,000 (price: $5.00)
2. World of Goo (2D Boy, WiiWare) - $4,800,000 ($15.00)
3. Super Mario Bros. (Nintendo, NES) - $3,300,000 ($5.00)
4. Super Mario World (Nintendo, SNES) - $2,900,000 ($8.00)
5. Super Mario 64 (Nintendo, N64) - $2,700,000 ($10.00)
6. Tetris Party (Hudson, WiiWare) - $2,600,000 ($12.00)
7. Legend of Zelda: Ocarina of Time, the (Nintendo, N64) - $2,300,000 ($10.00)
8. Pokemon Rumble (Nintendo, WiiWare) - $2,200,000 ($15.00)
9. Legend of Zelda: Majora's Mask, the (Nintendo, N64) - $2,100,000 ($10.00)
10. My Pokemon Ranch (Nintendo, WiiWare) - $2,000,000 ($10.00)

Yeah I'm sure it'd be pretty much impossible for games like Chrono Trigger or Link to the Past to beat out Mario 64. No market there at all. What a waste putting those games up for sale and only earning 60 million a year.

This is comparing games on a locked-in Wii system where they are heavily promoted by Nintendo with few alternatives, vs. putting them on sale next to the gigantic steam/gog lists of 1000s of games. The latter earns far less sales.

Also this is putting most of the top sellers at the 100k-1M sales range, which is about where I would assume that the top of the GoG catalog would be. So again, hardly "dwarfing" the purchase rate of old PC games. Keep in mind that the vast majority of console games wouldn't sell nearly the same amount.

Again, keep in mind that Nintendo doesn't WANT to put these games on GoG. They want to keep these games on their own system because they are milkable for generations to come. The games that would be put on GoG would be the mid-tier games and worse. And any of the games that had a different publisher/current rights holder would also be getting their cut, divying up the pie further.
 
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Damned Registrations

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You're right, I'm sure restricting purchase of those games to people who own a fucking Wii did wonders for their sales. Maybe if GoG built their own console and only sold dos games through that machine itself they could exponentially increase their sales too.

So done with this.
 

Destroid

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I always find it hilarious when people argue against abandonware. It might technically be in breach of copyright law but to argue that it's morally wrong to copy or distribute games that are not for sale any longer is absurd. Any further transactions at that point will be between second hand sellers, or completely impossible if it was distributed on steam or another platform that forbids reselling, neither of which allows the rights holders to derive any revenue.
 

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The problem with Amiga games in particular (since the thread title mentions those), as far as I know, is that stuff like AmigaOS etc. is still copyrighted and GOG would have to pay royalties in addition to going through licensing hell to make those games available. Knowing how out of touch with reality those retro computer people often are, I'm not blaming GOG for not wanting to deal with them.
 

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The problem with Amiga games in particular (since the thread title mentions those), as far as I know, is that stuff like AmigaOS etc. is still copyrighted and GOG would have to pay royalties in addition to going through licensing hell to make those games available. Knowing how out of touch with reality those retro computer people often are, I'm not blaming GOG for not wanting to deal with them.

I take it the same holds true for C64?

Not even gonna ask about Apple II emulation
 

Unkillable Cat

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I always find it hilarious when people argue against abandonware. It might technically be in breach of copyright law but to argue that it's morally wrong to copy or distribute games that are not for sale any longer is absurd.

I don't argue against abandonware, but I do point out the occasions where/when people are being stupid and thinking it's perfectly OK to discuss their copyright breaches and piracy of particular titles, especially old games. I also slam anyone that tries to define abandonware as a perfectly valid legal term, when in truth it isn't. It's not likely to get anyone into trouble, but that doesn't excuse stupid people when their behavior could bring down trouble, be it upon themselves or others.

The "morally wrong" argument is, as you said, absurd. Like I mentioned previously, gamers made a mockery of the copyright laws when their intent was merely to archive and preserve software, you can guess what the others were thinking that were literally out to steal and pirate the games. ("Low moral fiber" doesn't begin to describe that.)

Phantasmal said:
Paying for roms and Amiga games, good one. Who bitch this is.

And here we have the argument of the entitled gamer, and where we reach a point where I draw a line in the sand in regards to what I've written previously.

I don't mind the illegal copying and distributing of old games that are out of print, but ROM sets (and operating systems in a few cases) are a different kettle of fish. In those cases you are dealing with code that is a cornerstone of the platform, you can't do anything on the platform without it, gaming or otherwise. That is a copyright that should be upheld, even when we've reached the point like today when the Amiga (as an example) is all but history, memories and digital code floating about online. I can picture it being easy to have like an "Amiga Starter Pack" that's just the emulator + ROMs that costs something as little as $5, then follow that up with various software bundles. Who wouldn't want the Amiga Bitmap Brothers Bundle, for example?

But what about the emulators? Well, aren't emulators reverse-engineered technology? That's a valid term when it comes to copyright and such, but in the case of the Amiga they either couldn't or wouldn't reverse-engineer the roms. If they could resolve that problem then that would be one less obstacle to worry about.

But then we come to another point of note. If I may play devil's advocate for a minute here and put myself in the shoes of a fictional developer that created Awesome Quest 2* back in 1994 for Digital Fat Cats, which have since gone bankrupt. Let's say I get asked by a fan of my game "How come you aren't supporting your game anymore?" my first response will involve the word "copyright" somewhere, even if I had gone through all the work of finding and securing the copyright for myself. This has been mentioned previously in this thread, but when I and others are saying that copyright laws are retarded and stupid, we're not speaking as "entitled gamers", but as rational-thinking people. Copyright laws are stupid. What started out as a tool to ensure that content creators would benefit from their work has all but become its exact opposite; there are far too many instances where content creators are denied the royalties they deserve. Most of the time the reason for that is squarely on the shoulders of the content creators themselves, which signed draconian contracts with publishers that gave them quick cash instead of ownership of their intellectual property, but we've reached a point where copyrights to various works are in the hands of financial and corporate entities that don't exist outside of a filing cabinet, with no real people being owners of the copyrights. Copyrights should never be allowed to leave the hands of the content creator, with the exception of scenarios of contractors whom create content for another entity (most often a corporation) and even then it should be for a limited period, like 10 years for example. That would all but kill the copyright laws of today, and strike a heavy blow against corporations, which is why it's not likely to happen anytime soon.

Finally I would like to bring up a developer/publisher that IS actively supporting their older titles - in a way. Mostly I bring this up to give people an idea of how maintaining older titles can be (ab)used in the worst possible manner. I am speaking of Nintendo. For close to 30 years they've been releasing the same titles over and over again, with mostly only minor leaps forward. But if you create a side-scrolling platformer in 1985, you're only gonna be able to make money off of that for so long, even if it becomes an all-time classic like Super Mario Bros has done. But if you ride on the coattails of new technology to update and revise that game, to make it stay relevant and modern...why shouldn't you? Compare SMB1 to SMB3, then again to Super Mario World, then to Super Mario 64, then to Super Mario Galaxy. I know that they aren't technically the same game being constantly updated, but they share so many similar traits that they can be used as a frame of reference. The biggest change the series went through was the addition of the third dimension, beyond that they're all games involving ethnic plumbers hopped up on shrooms running and jumping through turtle-infested locales. Where the problem lies with the Nintendo example is how Nintendo sells the games: By forcing players to first buy an expensive console, then forking over more money for the game itself. We're talking amounts high enough to make people feel some sympathy for the entitled gamers who believe they should get everything for free just because it's old enough.

We can have developers, publishers and consumers get together for all the talks in the world, but copyrights will always be the elephant in the room.

*If anyone's wondering, there IS a game with that name, a Super Awesome Quest on the mobiles released in 2014. I'm surprised it took that long for someone to use the name.
 

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The problem with Amiga games in particular (since the thread title mentions those), as far as I know, is that stuff like AmigaOS etc. is still copyrighted and GOG would have to pay royalties in addition to going through licensing hell to make those games available. Knowing how out of touch with reality those retro computer people often are, I'm not blaming GOG for not wanting to deal with them.

I take it the same holds true for C64?

Not even gonna ask about Apple II emulation

I'd guess so though I don't know much about C64 emulation. I know that, with Amiga, the roms, the OS, and whatever else you might need are all copyrighted. I think it's actually worse with Amiga than other platforms; at least something like AppleWin doesn't require any roms to run.
 
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Compare SMB1 to SMB3, then again to Super Mario World, then to Super Mario 64, then to Super Mario Galaxy.

I know SMB 1 and SMB 3 are pretty different. You can argue that the concept is same, you're a plumber going through mushroom and turtle infested worlds through a series of 2D platforming levels, but SMB 3 provides a lot of new powerups, mechanics and enemies and they change how the game plays. Same with SM World, I think it even changed how the jump mechanics work, which is pretty fundamental for a platformer. I haven't really played any of the 3D Mario games to talk about them. But honestly I don't see the changes between these three games as merely repackaging one game. Sure, I know that Nintendo is accused of reusing their same titles over and over, and this affects how people think of their games.

As for the article... eh, much has been said about it already.
 

tuluse

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What do you mean by that? Firstly, some of the earliest computer games already are in the pubic domain (in the USA, at least), or treated in a similar fashion -- and some, indeed, are so simplistic that it stretches credulity to apply copyright to them as they are so easily cloned. Examples: Spacewar! (clone?), (Colossal Cave) Adventure (advent, public domain), pong & tetris (clone), nethack (FOSS, also Rogue) etc..

As for the others, when would the earliest important one be -- 1975ish? In the USA and the EU, correct me if I am wrong, it seems that copyright is notionally 50 years after author death or 70 years after publication by a company (with extension options) and, in reality permanent as a result of political lobbying causing the copyright terms to be indefinitely extended. I believe the public domain in the USA normally applies before 1925 or so.

I love democracy; it is such a pity that it is so hard to find.
Nothing newer than Mickey Mouse is public domain in the US, and the way things are going never will be.

(unless the rights owners specifically give it to the public domain).

One of your examples, Tetris, is very much not public domain http://en.wikipedia.org/wiki/The_Tetris_Company
 

Haraldur

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Nothing newer than Mickey Mouse is public domain in the US, and the way things are going never will be.

(unless the rights owners specifically give it to the public domain).

One of your examples, Tetris, is very much not public domain http://en.wikipedia.org/wiki/The_Tetris_Company

True for the most part, but, as a counterexample, an animated version of Gulliver's Travels (1939) is public domain in the USA (http://en.wikipedia.org/wiki/Gulliver's_Travels_(1939_film), https://archive.org/details/GulliversTravels720p_652), as the copyright was not renewed (I believe the system was different back then). The game (Colossal Cave) Adventure was released into the public domain (some versions, at least).

There are plenty of Tetris-clones available for free. Fuck the owners.
 

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buzz

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Buying old games that are can work on modern systems only due to the excellence of communities who are doing this job for free.
Giving money to empty suits, people who only hold the rights without having to do anything with the games themselves.
:popamole:

Remember, every time you bought Fallout on GoG, you gave additional money to Herve Caen. Now, every time you buy an older Fallout game from Steam, you're giving additional money to Todd Howard and other Bethesda empty suits. At least they're giving out Arena and Daggerfall for free, perhaps because they never thought it was lucrative to sell them and now it's too late.

And they're using the patches, fixes, mods and emulators that fans did in their spare-time, for free.
 

Keldryn

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I suspect that the majority of people will go with whichever option is the most accessible and hassle-free.

Most of the games that I've bought on GOG are either games that I already own on some sort of physical media or games that I've downloaded from abandonware sites. Plus a few games that I already had pirated copies of.

One good example is Loom. I own a physical copy of the CD-ROM edition. I could copy the program files off the CD, rip the audio tracks to the hard drive, download ScummVM, and fiddle around with the ScummVM settings to get it all working right. When I wanted to try playing it with my daughter, I was about to start doing this, but then realized that I could just get it from GOG for $5.99 and be playing within about 10 minutes. So that's what I did. It was worth $5.99 to save myself probably half an hour of mucking around and just enjoy playing the damn game.

GOG games come fully patched and with whatever configurations are necessary to run them on modern systems. For a long time, it seemed like whenever I got the urge to play an older game, I ended up spending most of the evening installing it, changing the settings, downloading patches or video card drivers, and reading forums to try and troubleshoot why the game was crashing or not even loading. It's not that I can't get them working on my own; I'd simply rather pay a few bucks and get just playing than waste my limited free time just trying to get it running.

So yeah, I don't buy what he's saying in that article. People will pay for things that are available for "free" if those things are inexpensive, convenient, and supported.
 

Unkillable Cat

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Sadly Keldryn I think you're right.

I've been watching people's reactions today to Bethesda's announcement of Fallout 4. A short trailer, a couple of screenshots, but no release date, no concrete promises. Yet I'm hearing terms like "best day in video game history" and "brought tears to my eyes" and whatnot. (INB4 the sexually related comments, some of which kinda horrified me.)

I'm one of those that is fully aware of how Bethesda has treated fan communities in the past (horribly), betrayed promises (over and over again), butt-fucked their customers (to the point of bleeding) and generally been the Evil Empire that everyone should know and avoid. But no, everyone's out celebrating "We love the Emperor!" day in honour of Bethesda today. The mind boggles...

It's been said before (if not in this thread, then another with a very similar topic) that most people just don't give a shit when it comes to video game history - or the hassle of it. Books still work 500 years later because you just turn the page. Making a 20-year old game work on your home computer can be a night and a half, if only for the sole purpose of showing your offspring how you had fun back in the day, so anyone that can relate to that is willing to spend a fiver or a tenner to get rid of that "nuisance".

I understand your perspective, but I don't agree with it. But then again, you have luxuries in your life that I don't (and vice versa) which creates a divide between us. Nothing personal, it's just the way things are.

EDIT: For the record, one of the biggest reasons I saw a reason to reply to your post was because of your avatar - Psychonauts is a rare breed of a game that deserves praise, even 10 years on.
 

Keldryn

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I understand your perspective, but I don't agree with it. But then again, you have luxuries in your life that I don't (and vice versa) which creates a divide between us. Nothing personal, it's just the way things are.

EDIT: For the record, one of the biggest reasons I saw a reason to reply to your post was because of your avatar - Psychonauts is a rare breed of a game that deserves praise, even 10 years on.

I do care a great deal about video game history, so I am happy that services like GOG exist where anybody who is curious about an older game can spend $5 and be playing the game within a few minutes. Those of us who grew up playing those games are about the only people who might be willing to spend the time gathering paches, tweaking settings, and searching Internet forums to see how other people got it to work. Many of those games took a fair bit of work to get them running properly in the first place, especially if they needed certain SET BLASTER settings, required the Sound Blaster on a specific IRQ, needed MSCDEX to access the CD-ROM, ran painfully slow without a disk cache, required VESA drivers to access 640x480 modes, or needed EMM386/QEMM386 to use more than 640K of RAM. I had pretty elaborate CONFIG.SYS and AUTOEXEC.BAT files back in the day, with about 7 different configurations to choose from at boot time. I clearly remember how much of a hassle it was to find a mouse driver small enough to be able to run a disk cache and still get Serpent Isle to load up.

I used to enjoy spending time upgrading, configuring, and tweaking my PC. Finally getting to play a new game after spending half the night trying to make it work gave me a bit of a rush. It was part of the fun of PC gaming. At 41, with a full time job, a long commute, a wife and two small children, I just want things to work. I don't want to spend time troubleshooting -- I'm a programmer, so I get to do a lot of that sort of thing every day already.

Old games have something in common with tabletop RPGs: there are so many easily accessible entertainment options today that any barriers to entry will potentially put off a huge number of possible players. Very few people are willing to spend an evening getting a game to work when there are hundreds of games that they could play right now.

Psychonauts is one of those games that will still be praised in another 10 years. It's definitely one that I'll introduce my daughters to when they get a little older.
 

Haba

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Personally, I think he's totally out of line (did the existence of the PC abandonware community stop GOG?), but it did get me thinking.

Abandonware scene created GOG. GOG took DOSBox (made by abandonware pirates), took our cracks and releases (#oldgames@efnet says hi!) and made a profit out of it.

Now some entitled cunt "journalist" dares to preach about doing the same shit to emulation. Fine and dandy to steal the hard work of thousands of volunteers to enable some copyright troll additional easy revenue. Fuck that shit.

I've had so many developers sending me copies of their games to be "pirated" back in the day. But who gives a damn about the sentiments of the actual creators. They're just disposable slaves, after all.
 

tuluse

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Pretty sure Nintendo and Sony are already selling emulated games on their proprietary game machines.
 

rohand

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Nah, I can only see Nintendo supporting emulated re-releases of their classics in their own hardware. They've always been so exclusive with their shit.

Now back to imagining GOG releases of Amiga dungeoneering package games.
 

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