[choo-t]

> …because it requires a separate copy.

That's an absurd statement, it's the same with most program, you make a copy of the data from a CD/Flash to the host machine storage, then make another copy to the RAM for execution.

Are you arguing that installing a software is akin to making an illegal copy ?

[jachee]

A proprietary cart has a license that doesn’t include any provisions for installation. Thus, it is only authorized to be executed directly from the cart. So in the specific case I’m talking about, as opposed to your premature extrapolation, yes. Copying the data from a cart to another system that isn’t directly executing the data from that cart is an illegal act.

[choo-t]

> A proprietary cart has a license that doesn’t include any provisions for installation. Thus, it is only authorized to be executed directly from the cart. So in the specific case I’m talking about, as opposed to your premature extrapolation, yes.

No, the wishes of Nintendo are not law.

> Copying the data from a cart to another system that isn’t directly executing the data from that cart is an illegal act.

Not it isn't, it's explicitly stated that making a copy to run the program is not a infringement[1]

117. Limitations on exclusive rights: Computer programs (a) Making of Additional Copy or Adaptation by Owner of Copy.— Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:

(1) that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or

(2) 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.

[1]: https://www.copyright.gov/title17/92chap1.html#117

[jachee]

That’s all well and good if you’re the owner. But you’re not the owner of a computer program that is merely licensed to you for your use. Every game comes with an End User License Agreement that explicitly unambiguously says you don’t own it. [1][2]

Also, executing a copy of a program is violating the “for archival purposes only” provision. Once it’s being executed it’s no longer archival, it’s executive.

1. https://www.nintendo.com/sg/support/switch/eula/usage_policy... 2. https://en-americas-support.nintendo.com/app/answers/detail/...

[choo-t]

> But you’re not the owner of a computer program that is merely licensed to you for your use.

For copyright purpose, you're still the owner of the _copy_, independently of what Nintendo say, you bought the cartridge, you're the owner of it (but not the licence right on the distribution of the game).

> Also, executing a copy of a program is violating the “for archival purposes only” provision. Once it’s being executed it’s no longer archival, it’s executive.

It is not, it's covered by the section I'm quoting.

> 1. https://www.nintendo.com/sg/support/switch/eula/usage_policy... 2. https://en-americas-support.nintendo.com/app/answers/detail/...

Nintendo wishes and words are not law.

[komali2]

If that's the law then the law is stupid and should be changed.

[dns_snek]

Where did purchasers of physical copies have a chance to read that license and did the store clerk require their signature to prove that they agreed to such an EULA?

[hammyhavoc]

When you first set the console up: https://youtu.be/ripbdd_IZXk

It's even on the Wii U.