[atoav]

Do they really get to do whatever they like forever with e.g. games and consoles they neither sell nor maintain anymore?

The NES was discontinued in 95, that was nearly 3 decades ago. I don't think they should have the right to prevent hackers to emulate it and share their findings.

Current consoles, yeah maybe, but even then the question would be why they should get a monopoly on the games developed for their platform..

[musicale]

> I don't think they should have the right to prevent hackers to emulate it and share their findings

They do not. Emulation is legal. However it is worth considering that:

0) NES Classic was sold as recently as 2018

1) Nintendo currently rent out NES games as part of Switch online

2) Copyright law ("lifetime" + 70 years) is on Nintendo's side for games themselves

3) Fair use can be a defense against infringement in some cases

4) Although it might or might not be fair use, I feel no guilt downloading Super Mario Bros 3 for an emulator since I've purchased it at least ten times by now, own multiple copies of the game on physical media, and am currently renting it through Switch online.

On the Sony/PlayStation side, I own a PS Classic, which actually runs a version of an open source PS1 emulator PCSX, amusingly enough. (I'm a bit disappointed that it's not a descendant of Connectix's emulator though.[1])

[1] https://en.wikipedia.org/wiki/Sony_Computer_Entertainment,_I....

[randmeerkat]

> Nintendo currently rent out NES games as part of Switch online

If Nintendo really cared about this they should create their own version of Spotify for legacy video games and charge a monthly subscription fee for the entire library that’s cross platform and mobile friendly. The strength of Nintendo really is their games, not the hardware. I don’t understand why Nintendo is so attached to their hardware in 2024, especially in the age of the Steam Deck.

[musicale]

> I don’t understand why Nintendo is so attached to their hardware in 2024,

Yes, you do not.

Nintendo makes a lot of money selling hardware. Switch is the third most successful game console of all time, behind the PS2 and Nintendo's own DS. Switch was always profitable vs. component and manufacturing cost, and this has largely gotten better over time with the exception of covid-related supply chain disruptions. Nintendo has no need or desire to follow in Sega's footsteps.

Switch consoles mean Nintendo can sell physical game cards. Physical media are important in Japan, and important elsewhere since they allow fully offline operation.

Moreover, Nintendo doesn't want to sacrifice its platform fees to the likes of Valve, Apple, or Google.

[selfmodruntime]

> Nintendo makes a lot of money selling hardware

They do, but the majority of their library is not available on current hardware. I think not understanding this as a business decision is a valid opinion.

[oniony]

By restricting access to their classic portfolio, it inflates the value of it so they can periodically release it on new platforms in a time limited fashion.

Disney did the same thing with their classic movies during the VHS/DVD era. If they were all available all the time then nobody would even think to watch them. But by creating scarcity and then periodically releasing them in a time limited special edition they can eke out more money.

So Nintendo do not want everyone to be blasse about their back catalogue. They want the nostalgia to build and then release some of these titles every so often so you buy them over and over again.

[selfmodruntime]

> By restricting access to their classic portfolio, it inflates the value of it so they can periodically release it on new platforms in a time limited fashion.

One would think so, but there are incredible games in their portfolio that have never seen a single re-release - on any platform. The old Pokemon games are among it, as is A link to the past.

[mc3301]

Physical media in Japan is important for a lot of reasons. Just looking around, the Music CD rental market is still big here... I have spoken to many people who have no streamers, they buy or rent all their DVDs and BluRays. There's the collectors thing, too, with "special edition" and "limited time" offers, etc. Physical media has a lot of love in Japan.

[boredtofears]

> Physical media are important in Japan

Genuinely curious: why is that?

[musicale]

“I’m not a prophet or anything, but I believe that physical media will have more longevity here for the same reason that I think magazines do, which is that anyone can step out of their house and walk five feet [to buy one],” says Ricciardi. “It’s just easier to get to these things in Japan.”

https://www.theverge.com/24055863/akihabara-japan-retro-vide...

[prmoustache]

Because ironically they don't have much room to store them so it becomes a luxury they cherish?

[fourfour3]

I think part of the reason Nintendo (and it's not just Nintendo) is very reserved with their historical library is that they do not want to satisfy the demand for games that way while they're still making new ones.

If you can legally play Pokemon GBA or DS games under emulation for a subscription, would that have an effect on demand for buying new Pokemon games, especially for the adult market that has nostalgia for the earlier titles? I honestly think it would, especially given that there seems to be a fairly reasonable consensus online that the franchise peaked in the past for a lot of players - some people say the GBA titles, some say the DS ones, etc. I know personally that I play the old DS, GBA and GameCube titles for a lot of Nintendo franchises more than their current Switch releases.

And with regard to making it cross-platform & available on mobile, Nintendo has always controlled their platforms aggressively. They've never released games on other console platforms other than their own, and their mobile push has been deliberately very conservative (even moreso than other companies with retro libraries like Square Enix, Sega, etc). Plus especially with their handheld lineup, the DS and the 3DS are tricky to do emulated releases for - with the combination of built in touch screens, dual displays, etc.

But I also think that mobile gaming is a poor fit for most of Nintendo's library - unless you're expecting players to buy physical controls for their phones, I can't imagine playing eg Super Mario World is going to be very fun with touch screen button overlays.

Selling their own hardware still works for Nintendo, it's still profitable and it gives them control they'd cede if they released elsewhere. They'd have to pay platform fees, go through someone else's certification processes, etc. They have some of the most recognisable IP in gaming (and with Pokemon etc, one of the most recognisable bits of IP in the world), so they have the market power to pull people to buy their hardware too.

[randmeerkat]

> They have some of the most recognisable IP in gaming (and with Pokemon etc, one of the most recognisable bits of IP in the world), so they have the market power to pull people to buy their hardware too.

I haven’t picked up my Switch since I bought my Steam Deck. That’s not “market power” that’s losing a gamer instead.

[musicale]

And I like my PSVita/PSTV, iPhone (using the excellent GameSir G8 controller), and iPad (also great for games.)

Nonetheless, Switch has been incredibly successful and I expect Switch 2 will be a hit as well.

[FMecha]

> Emulation is legal.

For now.

This is just baby steps to Nintendo weaseling themselves into Supreme Court to get Sony v. Connectix overturned. MGM v. Grokster attempted to overturn Sony v. Universal (VCR lawsuit), but while the movie studios did win, it was not an overturn of the VCR lawsuit.

[Woeps]

Wonder what the EU laws are on this, as for example also things as game mechanics/features are not something you can register in the EU. So I assume they can't really block Emulation there.

And in that case, would it make a difference where the development is done, and if the website is "geofenced"?

[bigtex]

NES Classic only supported 30 built-in games, with no official way to purchase or download more.

[musicale]

Same for the SNES classic. And both are no longer available. ;-(