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by graypegg 902 days ago
I quite like the licensing trick Nintendo used on the gameboy as an example of this. [0]

Essentially, the gameboy expected a bitmap of the Nintendo logo to be present on the cartridge rom, and was shown on screen at boot. It had to match a version stored on the gameboy itself or else the game wouldn’t start.

The thinking (that I’m not sure was ever tested) was that someone producing a game that tried to trick consumers into thinking it was an official Nintendo product, would be liable for damages in a trademark lawsuit. Since the game would never start without an official Nintendo logo, the hope was to make the legal system enforce Nintendo’s licensing scheme.

[0] https://catskull.net/gameboy-boot-screen-logo.html

2 comments

The thinking was tested (in U.S. jurisdiction) in Sega v. Accolade. https://en.wikipedia.org/wiki/Sega_v._Accolade

The court sensibly ruled that using technical means to force competitors to display your trademark against their will doesn’t mean you can then claim they’re infringing that trademark.

Apple tried this too with Dont Steal Mac OS X.kext, which uses a haiku with a copyright message as the key to decrypt certain executables like the Finder. I don't think it had any real-world impact.
Pretty rich considering their history with sosumi.
Also reminds me of MODULE_LICENSE and EXPORT_SYMBOL_GPL in the Linux kernel.

https://www.kernel.org/doc/html/latest/process/license-rules...